Dow v. City of Ballard

Citations

• 28 Wash. 87
• 68 P. 176
• 1902 Wash. LEXIS 459

Syllabus

<p>LIS PENDENS — FAILURE TO FILE — INNOCENT PURCHASER — LIABILITY FOR COSTS.</p> <p>Where a city fails to file a Us pendens notice pending an action by it to foreclose a street assessment lien, a dona fide purchaser of the land subject to the lien, pending the action but before the rendition of judgment, is not liable for the costs accruing subsequent to the date of transfer.</p> <p>INNOCENT PURCHASER •— INJUNCTION AGAINST SALE OF LAND ON JUDGMENT AGAINST GRANTOR-EVIDENCE.</p> <p>Under the rule that in a voluntary sale to an innocent purchaser everything passes that the grantor was apparently possessed of, evidence is inadmissible to show that a judgment was in fact rendered before the delivery of a deed to plaintiffs’ grantor or the payment of any part of the consideration by him, where the deed purported to have been executed and delivered prior to judgment and plaintiffs were not shown to have had notice that it was not delivered at the time it purported to be.</p>