Hannegan v. Roth

Citations

• 12 Wash. 695
• 44 P. 256
• 1896 Wash. LEXIS 124

Syllabus

<p>ACTION TO QUIET TITLE — PARTIES PLAINTIFF—WAIVER OF DEFECT OF NON-JOINDER.</p> <p>Where a defect of parties plaintiff has not been raised in the court below by demurrer or answer, objection thereto is waived, and cannot be urged on appeal.</p> <p>While a court will not proceed to final judgment in the absence of a necessary party, it will not dismiss the action on account of the non-rejoinder of such party, but will retain it until all necessary parties are brought in, after which it will proceed to judgment on the merits.</p> <p>Under Code Poc., §529, authorizing any person having a valid subsisting interest in real property to maintain an action to quiet title thereto, the action may be maintined by any or all of the tenants in common.</p>