Dolan v. Jones

Citations

• 37 Wash. 176
• 79 P. 640
• 1905 Wash. LEXIS 695

Syllabus

<p>Quieting Title — Action to Cancel Void Tax Deed — Plaintiff not in Possession. It is error to dismiss an action brought by one out of possession to cancel a void tax deed and judgment, and asking that his title be quieted, since tbe rule that an action t.o quiet title cannot be maintained by one out of possession, applies only where the plaintiff has a complete remedy at law, and this is not an action to quiet title within such rule.</p> <p>Judgment — Vacation—Void Process — Recitals as to Due Service. The recital in a tax foreclosure judgment of due service of process is sufficiently overcome where it clearly appears from a void summons by publication, tbe sheriff’s return, the proof of publication, the fact of the death of the principal defendant prior to service, and the testimony of the plaintiff in the tax suit, that the only service of process was by tbe publication of a summons which was insufficient to confer jurisdiction.</p> <p>Same — Process—Taxation—Foreclosure of Tax Lien — Form of Summons. Under Laws 1897, p. 182, § 96, subd. 3, a summons by publication requiring tlie defendant to appear within sixty days after the “service” of the summons is not in accordance with the statute, and is insufficient to confer jurisdiction to enter a judgment of default.</p>