Carlson v. Curren

Citations

• 48 Wash. 249
• 93 P. 315
• 1908 Wash. LEXIS 841

Syllabus

<p>Appeal — Notice—Sufficiency. An oral notice of appeal, given in open court at the time of signing judgment of dismissal, is sufficient; and the claim of insufficiency on the ground that the adverse party was not present cannot be first made on appeal where the judgment was regular on its face.</p> <p>Quieting Title — Actions—Joinder. In an action to quiet an equitable title, there is no misjoinder of equitable and legal causes of action by reason of the fact that plaintiff was in possession of part of the land, and out of possession of other portions; since an equitable suit to establish equitable rights by one out of possession is the proper form of action, without resorting to ejectment.</p> <p>Quieting Title — Parties Defendant — Joinder. There is no misjoinder of parties defendant in an action to quiet title to a single estate by reason of the fact that the defendants are severally in possession and claim adversely separate portions of the estate.</p>