Clemmons v. McGeer

Citations

• 63 Wash. 446
• 115 P. 1081
• 1911 Wash. LEXIS 1224

Syllabus

<p>Pleading — Reply—Departure—Quieting Title. In an action to quiet title, in which the complaint alleged that defendant claims some interest adverse to the plaintiffs, which was without right, and the defendant answered claiming title under a deed from the plaintiffs, it is a fatal departure, authorizing judgment for the defendant on the pleadings, for the plaintiffs to reply that the deed, executed in hlank, was fraudulently procured by one B. and wrongfully delivered to defendant as security for a loan to B. for not more than $650, and that if defendant had any interest at all, it was only as a mortgagee (GOse, J., and Dunbab, C. J., dissenting).</p> <p>Deeds — Execution in Blank — Delivery. The execution and delivery of a deed in blank authorizes the party to whom it was intrusted to fill in the name of a grantee and vests title in the grantee.</p>