Flueck v. Pedigo

Citations

• 55 Wash. 646
• 104 P. 1119
• 1909 Wash. LEXIS 815

Syllabus

<p>Judgment — Res Judicata — Denial of Motion to Vacate — Bab. An order denying a motion by parties not served to vacate a tax foreclosure judgment, void because taken without notice and by mistake, heard on the merits and not appealed from, is res judicata and a bar to a subsequent action by one claiming under such parties, to the extent of their interests; and it is immaterial that the motion to vacate was upon a special appearance or that the defect rendered the judgment void.</p> <p>Taxation — Foreclosure—Summons—Form. An individual tax foreclosure and deed is void as to an owner of a one-sixth interest, and his successor, where there was no personal service and the summons for publication required an appearance within sixty days after service of the summons.</p> <p>. Abatement and Revival — Another Action Pending — Plea—Dismissal of First Action. A motion to vacate a judgment cannot be pleaded in abatement of another action for the same cause, where the motion was dismissed on stipulation without prejudice before the plea in abatement was filed.</p> <p>Adverse Possession — Color of Title —Tax Certificate of Delinquency. A' tax title claimant cannot claim adverse possession and the payment of taxes for1 seven successive years, prior to seven years after the date of the tax deed, by the taking of possession under the certificate of delinquency before the sale; and Laws 1897, p. 182, § 95, subd. 4, making the certificate of the same effect as a judgment does not make the certificate color of title or give the right to possession, the same being merely a legislative definition of the nature of the lien, in view of the next section requiring judgment and sale.</p> <p>Ejectment — Improvements. In ejectment, recovery cannot be had for improvements prior to the betterment law of 1903.</p>