Franklin County v. Carstens

Citations

• 68 Wash. 176
• 122 P. 999
• 1912 Wash. LEXIS 1265

Syllabus

<p>Estoppel — Against County — Conveyance oe County Property— Tax Titles. The principle of equitable estoppel applies against a county’s asserting title to land acquired by it in a proprietary capacity at a county tax sale, where, before the running of limitations against an action to set aside the tax deed, upon the advice of its attorney and the existence of a controversy over the validity of the tax deed, the county commissioners allowed the owner to “redeem” by paying all taxes, and executed and delivered to him a quitclaim deed, and thereby induced a bona fide purchaser to rely on the title and to pay taxes for six years; although, under Rem. & Bal. Code, § 9272, lands acquired by a county at tax sale could only be sold and disposed of at public sale.</p> <p>Evidence — Parol Evidence to Vary Writing — Admissibility. Where a county commissioners’ record recited that the county claimed title to property by virtue of a tax deed, and that it would be for the county’s best interest to relinquish all its right upon payment of the tax, parol evidence that there was a controversy as to the validity of the tax deed is admissible, as it does not contradict, but only supplements the writing.</p> <p>Counties — County Board — Powers—Compromise of Disputed Tax Title. Under Rem. & Bal. Code, § 3890, giving the county commissioners the care of county property and the power to prosecute and defend actions, the commissioners have power to compromise a controversy as to the validity of a county tax sale and deed by conveying the land to the owner un his payment of the taxes, regardless of whether suit has been commenced; and it is immaterial that the transaction was called a “redemption,” which was not authorized by law.</p>