Carroll v. Hill Tract Improvement Co.

Citations

• 44 Wash. 569
• 87 P. 835
• 1906 Wash. LEXIS 880

Syllabus

<p>Limitation op Actions — Fraud—Quieting Title. An action to quiet title on the ground of fraud, not commenced until more than twenty years after discovery of the fraud, is barred by the statute of limitations.</p> <p>Same — Tolling the Statute. The running of the statute of limitations against relief on the ground of fraud is not affected by ill health or negotiations that did not commence' until the statute had run.</p> <p>Adverse Possession — Pleading. A complaint to quiet title by the cancellation of a sheriff’s deed cannot be sustained as a claim of title by adverse possession on the simple allegation that plaintiffs entered into and had since held possession, where it is not alleged to have been adverse, open or notorious.</p> <p>Quieting Title — Lien foe Money Paid on Execution Sale — Election of Remedies. One who alleges a fraudulent redemption from execution sale, and seeks to quiet title by cancellation of the sheriff’s deed issued on redemption, has elected his remedy, and cannot claim that the complaint entitled him to a lien on the premises for money-paid on the execution sale; his remedy therefor being against the sheriff.</p> <p>Execution — Husband and Wipe — Community Property- — Certificate of Sale — Redemption. A certificate of sale issued to a husband, who is alone the judgment creditor, is not evidence of an interest in community real estate pending redemption, and notice of redemption to the husband alone is sufficient.</p> <p>Estoppel — Acceptance of Deed. The acceptance of a deed from plaintiff to defendant of part of the premises to which plaintiff seeks to quiet title, does not operate to -estop the defendant from claiming the balance of the land in dispute.</p>