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· 4/4/1907

Griggs Land Co. v. Smith

Citations

  • 46 Wash. 185
  • 89 P. 477
  • 1907 Wash. LEXIS 586

Syllabus

<p>Executors and Administrators — Land Under Contract of Sale— Proceedings — Parties — Statutes — Implied Repeal. Bal. Codé, §§ 6381 et seq., providing that the probate court may authorize an administrator to convey lands which the decedent had contracted to convey, is not impliedly repealed by Bal. Code, § 4640 et seq., providing that upon the death of a person, the lands of which he died seized shall immediately vest in the heirs; since repeals by implication are not favored, and lands held by the deceased under contract to convey may be treated as personalty; hence upon proceedings by the purchaser for specific performance against the administrator, under the statute, the heirs are not necessary parties defendant.</p>

Judges: Root

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