Demaris v. Barker

Citations

• 33 Wash. 200
• 74 P. 362
• 1903 Wash. LEXIS 508

Syllabus

<p>Coubts—Judgment—Jubisdiction—Decision in Ninety Days. The failure of a judge to decide a case within ninety days from its submission, as required by const., art. 4, § 20, does not render the judgment void for want of jurisdiction.</p> <p>Coubts—Visiting Judges—Powees of. The visiting judge has the same powers as the regularly elected judge of the county.</p> <p>Descent—Disteibution—Deeds by Heibs—Pending Administeation—Title Vests When—Demubkee. A title founded upon deeds of the heirs prior to the law of 1895, made pending administration of the estate, is sufficient, as against general demurrer, in view of Bal. Code, § 6361, recognizing conveyances by heirs prior to- distribution, and Laws 1895, providing that the title to real estate shall vest in the heirs immediately upon the death of the ancestor, and expressly extending the rule to the transmission of all such previous titles, which were thereby confirmed.</p> <p>Executobs—Sales—Action to Enjoin Sale to Pay Debts— Complaint—Sufficiency—Admissions. An admission that the land of an estate was sipught to be sold for the purpose of paying the debts of the estate, does not render a complaint to enjoin the sale demurrable, when it alleges facts showing that the land in question was only secondarily liable, if at all, and that the sale thereof would be inequitable.</p> <p>Same—-Effect of Oedeb of' Sale—Eeaud. A complaint to enjoin the sale of lands to pay the debts of the estate is not demurrable because it appears to be pursuant to an order of the probate court, where it alleges that the order was procured through conspiracy and fraud, and without notice to plaintiff until after the sale was advertised.</p> <p>Appeal—Review-—Statement of Facts—Ceetificate. Where a statement of facts recites that after the taking of testimony before a referee, the case came to a trial, at which both sides “introduced certain evidence,” which is not set forth in the statement, a certificate that the statement “together with the evid