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· 5/5/1917

Dwight v. Waldron

Citations

  • 96 Wash. 156
  • 164 P. 761
  • 1917 Wash. LEXIS 892

Syllabus

<p>Tenants in Common — Right op Cotenant — Purchase op Tax Title. A tenant in common cannot deprive his cotenants of their interest by purchasing an outstanding tax certificate of delinquency and converting the same into a title, provided the cotenants make timely tender of their proportionate part of the tax; which they may elect to do within a reasonable time, under circumstances consistent with fair dealing.</p> <p>Same — Purchase op Tax Title — Rights op Cotenants. Cotenants are guilty of laches which will deprive them of their rights, where they delayed for 20 years after default in the payment of the taxes, and for 12 years after title had been acquired, without offer to pay taxes, which were regularly paid by their cotenant under claim of exclusive ownership after acquiring the tax title; since failing to reimburse the cotenant within a reasonable time amounts to an election to permit him to take title for his individual use.</p> <p>Taxation — Foreclosure op Certificate — Sale—Validity. A tax title acquired by foreclosure of a delinquency certificate by action is not rendered void by the fact that the property was sold for approximately fifty cents in excess of the taxes due.</p>

Judges: Fullerton

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