Donaldson v. Winningham

Citations

• 48 Wash. 374
• 93 P. 534
• 1908 Wash. LEXIS 872

Syllabus

<p>Guardian and Ward — Appointment—Insane Persons — Necessity oe Adjudication oe Insanity. In the absence of fraud or conspiracy, the superior court has jurisdiction to appoint a guardian for an in.sane person irrespective of a prior adjudication of insanity, which is accordingly irrelevant on the question of the validity of the guardianship proceedings.</p> <p>Judgment — Collateral Attack. In an action to quiet title acquired at a judicial sale, a cross-complaint by the former owner attacking the validity of the order or judgment of sale, is a direct and not a collateral attack on the order or judgment, in which the jurisdiction of the court to make the order may be inquired into.</p> <p>Guardian and Ward — Appointment—Insane Persons — Necessity of Notice — Saxe of Property. Service of notice of the application for the appointment of a guardian of an insane person, upon the person having the care and custody of the insane person, is a jurisdictional prerequisite to an order of sale of such insane person’s real property.</p> <p>Homestead — Decxabation—Necessity. Under Laws 1895, p. 109, there is no homestead right in property acquired since the passage of the act unless a declaration of homestead is executed and filed as therein required.</p>