Crowley v. Byrne

Citations

• 71 Wash. 444
• 129 P. 113
• 1912 Wash. LEXIS 771

Syllabus

<p>Quieting Title — Defenses—Relief—-Statutory Action. Under Rem. & Bal. Code, § 785, providing that a person having an interest in real estate and the right to possession may recover the same and may have judgment quieting title, a defendant cannot defend upon the ground that a quitclaim deed constituting an alleged cloud is invalid and in fact not a cloud because not recorded, where he claims title under such deed.</p> <p>Vendor and Purchaser — Options—Performance—When Title Passes — Relation. Where an option to purchase land has been exercised by payment of the price, the title relates back to the date of the option, as against parties having notice thereof.</p> <p>Partition — Actions—Joinder—Quieting Title — Relief. Rights of action to quiet title and for a partition may be united in one action, under Rem, & Bal. Code, § 844, providing that in partition, the rights of the several parties may be determined.</p>