Cordiner v. Finch Investment Co.

Citations

• 54 Wash. 574
• 103 P. 829
• 1909 Wash. LEXIS 1035

Syllabus

<p>Taxation — Recovery of Land Sold for Taxes — Quieting Title— Complaint — Sufficiency. In an action to quiet title, tbe complaint sets out tbe cloud upon tbe title witb sufficient certainty, wben it alleges that tbe defendants claim through void tax title proceedings, giving tbe court, tbe number, and title of tbe case, referring to tbe judgment and tax deed following, and describing particularly the summons and manner of serving, showing tbe entire proceeding to be void, all of which were matters of record.</p> <p>Same — Tax Title — Quieting Title — Cloud—What Constitutes. In this state a tax judgment and deed may be set aside for patent as well as latent invalidity, as a cloud upon tbe title.</p> <p>Taxation — Recovery of Land — Tendee—Pleading. In an action to set aside a tax title, an allegation of tbe tender of all taxes paid, in tbe language of tbe statute, is sufficiently definite without stating tbe amount of tbe tender.</p> <p>Same — Failure to Dent Tender — Waiver oe Lien — -Appeal—Review. Where, in an action to set aside a void tax sale, the defendant failed to deny an allegation that the plaintiff tendered all taxes, penalties, interest, and costs paid at the sale, he cannot on appeal claim insufficiency of the amount of the tender; and by failing to assert a lien for the taxes paid, he waives the same.</p> <p>Equity — Laches—Limitation oe Actions. Laches cannot be claimed in the bringing of an action to set aside a tax judgment, where nothing was shown except the lapse of time, and the statute of limitations had not run against the action.</p> <p>Quieting Title — Defenses—Purchase oe Debatable Title — Attorneys — Right to Sue — Champerty. In an action to remove the cloud of a void tax sale, it is no defense to allege that the plaintiff is an attorney at law and purchased a debatable title for an inadequate consideration for speculative purposes, and to foster litigation.</p>