Gustin v. Crockett

Citations

• 44 Wash. 536
• 87 P. 839
• 1906 Wash. LEXIS 871

Syllabus

<p>Actions — Joinder—Reformation of Instruments. There is no improper joinder of causes of action in a complaint to reform plaintiffs’ absolute deed, which was intended as a mortgage, and to restore the plaintiffs’ rights in the premises by placing them in possession, and for the cancellation of a fraudulent judgment of ouster obtained by the grantors in the deed.</p> <p>Reformation — Absolute Deed as Mortgage — Mortgagee in Possession — Tender of Debt — Pleading. The complaint in an action against parties in possession to reform an absolute deed as a mortgage need not allege tender of the debt due, where the defendants obtained possession by fraud, and under the terms of the mortgage deed, the plaintiffs were given the right to possession.</p> <p>Husband and Wiee — Community Property — Judgment of Forcible Entry Against Husband Alone. A judgment of forcible entry and detainer against a husband alone ousting a husband and wife from community property is void, where both were in peaceable possession by no act of trespass or wrongful entry by the husband.</p>