Craver v. Mossbach

Citations

• 57 Wash. 662
• 107 P. 1037
• 1910 Wash. LEXIS 815

Syllabus

<p>Judgments — Conclusiveness—Recitals—Parties Bound — Strangers. The rule that recitals in a judgment are not subject to collateral attack where the court had jurisdiction, and there is nothing in the record to contradict the recitals, has no application as to strangers to the record not parties or privies; hence, where a tax title holder conveyed and warranted the title, his grantee, in an action on the covenant, may show failure of title by reason of defects in the summons.</p> <p>Taxation — Deed—Action to Set Aside — Tender—Necessity. A tender of taxes paid is sufficient to permit an action to set aside a tax deed, and need not be kept good, where the tender was not rejected because of its insufficiency, but because of contesting the title.</p> <p>Same — Recovery. Lack of evidence as to the sufficiency of a tender of taxes, where the tender had been waived, is not ground for refusing to- vacate a void tax deed.</p> <p>Tenancy in Common — Right to Recovery — Possession—Parties. A tenant in common is entitled to recover possession of the entire estate, as against every person other than the eotenant.</p> <p>Appeal — Review—Exceptions. Findings not excepted to are binding.</p> <p>Trial — Rejection oe Deed — -Appeal—Record. Upon the conditional rejection of a deed offered in evidence, the deed will he considered as in evidence on appeal, where otherwise the appellant would have been misled.</p>