Gough v. Center

Citations

• 57 Wash. 276
• 106 P. 774
• 1910 Wash. LEXIS 740

Syllabus

<p>Appeal — Review—Harmless Error — Nonsuit—Defects Supplied. In an action of ejectment, error, if any, in refusing to direct a nonsuit for failure to prove that the defendant was in possession, is cured, where the defendant’s testimony in his own behalf supplied the defect.</p> <p>Deeds — Interest Conveyed — Estoppel—Vendor and Purchaser — ■ After-Acquired Title — Mortgage Foreclosure. Under Rem. & Bal. Code, § 8765, and independently thereof, an after-acquired title inures to the benefit of the grantee, and this rule applies to titles acquired through mortgage foreclosures.</p> <p>Estoppel — Stipulations—Effect. A stipulation that a mortgage was given, judgment of foreclosure entered, and a sale had and deed executed thereunder, estops the party from asserting want of jurisdiction to render the judgment.</p> <p>Mortgages — Foreclosure •— Deed — After-Acquired Title. The mortgagor’s after-acquired title inures to the benefit of the purchaser at the mortgage foreclosure, although the then owners of the title were not made parties to the foreclosure suit.</p> <p>Ejectment — Defenses—Alienage—Burden of Proof. In ejectment, the burden is upon defendant to establish the defense that an after-acquired title, inuring to the benefit of the plaintiff, was lodged in an alien incapable of acquiring real property in this state.</p>