Gould v. Knox

Citations

• 53 Wash. 248
• 101 P. 886
• 1909 Wash. LEXIS 1307

Syllabus

<p>Appeal — Notice — Time eor Taking —■ Taxation — Foreclosure Proceeding. Laws 1903, p. 75, § 4, requiring an appeal to he taken from a judgment in a tax foreclosure case within thirty days, has no application to appeals from judgments in independent actions in equity to set aside a tax foreclosure judgment and sale and to quiet title, which must he taken within ninety days (Dunbar, Mount, and Crow, JJ., dissenting). MoOausland v. Baile}/, 51 Wash. 183, overruled.</p> <p>Taxation — Action to Set Aside Tax Sale — Redemption—Tender —'Waiver. Purchasers at a tax foreclosure, by asserting title and refusing to consider a tender of the taxes, waive the tender required by Bal. Code, § 5678, as a condition precedent to action to set aside the sale.</p> <p>Process — Summons by Publication — Sueeiciency. Under Laws 1897, p. 182, § 96, authorizing service of summons by publication directing the defendant to appear within sixty days after the date of the first publication, a summons requiring the defendant to appear within sixty days after the “service” of the summons is insufficient to confer jurisdiction to enter judgment by default.</p>