Gould v. White

Citations

• 62 Wash. 406
• 114 P. 159
• 1911 Wash. LEXIS 715

Syllabus

<p>Appeal — Decision—Remand—Proceedings Below. Upon reversing and remanding a case with instruction to determine the rights of the parties under the betterment act, a supplemental answer setting up the bar of a judgment in favor of third parties is demurrable; as the decision on appeal is conclusive.</p> <p>Same. Upon remanding a case, because of insufficiency of the evidence to fix the value of property, additional evidence of the value is properly taken.</p> <p>Taxation —Foreclosure —Vacation —Interest. Upon setting aside a void tax foreclosure, six per cent interest is properly allowed upon taxes paid, since the statutory penalty of 15 per cent runs only from the time the certificate is taken out until the taxes are paid, whether voluntarily or by foreclosure.</p> <p>Taxation — Foreclosure—Vacation—Recovery of Possession — > Judgment — Form. Under § 3 of the betterment statute for the protection of occupants of land who had made improvements or paid taxes, the plaintiff should be given a provisional judgment granting the statutory options, title and immediate possession to be secured by final judgment in favor of the party entitled to receive it, at the expiration of the time limited.</p>