Christofferson v. Pfennig

Citations

• 16 Wash. 491
• 48 P. 264
• 1897 Wash. LEXIS 351

Syllabus

<p>DEVISE OF LANDS — WHEN TITLE VESTS — ACTION TO QUIET TITLE — JUDGMENT — COLLATERAL ATTACK — RECORD ON APPEAL.</p> <p>Title to lands in this state devised by will vests in the devisee fully, after probate of the will, the title relating back to the death of the testator.</p> <p>Where the interest of a devisee has been sold under execution against him, an action to quiet title may he maintained by a trustee charged under the will with the duty of administering the property as an entirety until the majority of the minor heirs, for the purpose of attacking the validity of the judgment upon which the execution sale was based.</p> <p>The recital in a judgment of due service by publication raises the presumption, prima faeie, of a valid service, and, on collateral attack, courts are bound to presume in support of the judgment that a sufficient showing of service of summons had been made.</p> <p>A supplemental certificate by the trial judge that the court had no other affidavits before it than the one of record cannot be given the force of a finding of fact.</p> <p>The presumption as to the validity of a judgment cannot be overthrown on collateral attack on the ground that the face of the record shows that the cause of action might have been barred by the statute of limitations. ,</p>