Dormitzer v. German Savings & Loan Society

Citations

• 23 Wash. 132
• 62 P. 862
• 1900 Wash. LEXIS 353

Syllabus

<p>BIGHTS AND REMEDIES — EQUITABLE ACTIONS-BELIEF ADJUSTED TO FACTS SHOWN.</p> <p>Where a complaint in equity states facts warranting the-restoring and. foreclosure of mortgages which had been wrongfully canceled, and also facts showing that a guardian’s sale and conveyance of the same property upon which the mortgages had been given were fraudulent, and prays for a foreclosure of the mortgages and for relief generally, the plaintiffs are not restricted to the relief asked for specially, but. may be granted such relief as the facts show they are entitled to; and hence cannot he said to have waived the fraud charged, in the guardianship sales, nor to have definitely adopted the remedy of the foreclosure of the mortgages, to the exclusion of any other remedy that may he warranted by the allegations; of the complaint.</p> <p>GUARDIANSHIP SALES-IRREGULARITIES — CURATIVE ACT.</p> <p>Bal. Code, § 6474, which is intended as a curative act for all irregularities in guardianship sales, when the premises are held by one who purchased them in good faith, does not apply to cases where the guardianship proceedings are assailed on the ground of fraud from their very inception, and where the purchaser is shown to have had knowledge of facts which should have put him on inquiry.</p> <p>JUDGMENTS OF SISTER STATE — JURISDICTION OF COURT-JUDICIAL NOTICE.</p> <p>When the records and judicial proceedings of the courts of another state are sought to be given effect in this state, the courts of this state will take judicial notice of the laws conferring jurisdiction on the courts from which such records come, in pursuance of the provision of the constitution of the United States which requires that “full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state.”</p> <p>SAME-COLLATERAL ATTACK.</p> <p>The provision of the United States constitution requiring full faith and credit to be given in each state to the judicial proceed