Harris v. Johnson

Citations

• 75 Wash. 291
• 134 P. 1048
• 1913 Wash. LEXIS 2222

Syllabus

<p>Bills and Notes — Consideration — Sufficient— Waiver of Rights. There is a sufficient consideration for a promissory note, made by a homestead entryman in return for possessory rights, to an agent in possession for heirs of a deceased preemptor, although the entry of the deceased had expired by limitation, where such entry had not been cancelled, and the agent had maintained possession and made improvements and had also tendered an entry in his own behalf which was then pending, and had advised the maker of the note of the opportunity to file, and withdrew his own entry and surrendered possession, and had, so far as he could, given the maker of the note the preference right to file, which he did after cancellation of the entry of the deceased.</p> <p>Bills and Notes' — -Actions—Parties Plaintiff — Real Partt in Interest. The payee of a promissory note for a sum to be divided between herself and another is the real party in interest entitled to sue thereon, within the meaning of Rem. & Bal. Code, § 179.</p> <p>Parties — Defects and Objections — Waiver. . Objection that the plaintiff is not the real party in interest is waived by failing to raise it at the trial by demurrer or otherwise.</p>