Hembree v. McFarland

Citations

• 55 Wash. 605
• 104 P. 837
• 1909 Wash. LEXIS 808

Syllabus

<p>Taxation — Foreclosure — Summons for Publication — Sufficiency. Under Laws 1897, p. 182, § 96, subd. 3, a summons by publication requiring the defendant to appear within sixty days after the “service” of the summons is not in accordance with the statute, and is insufficient to confer jurisdiction to enter a judgment of default.</p> <p>Taxation — Foreclosure and Sale — Setting Aside — Laches. A nonresident who failed to pay taxes for six years is not estopped by laches from bringing action to set aside a void tax foreclosure, where there were no material changes in the value of the property, and she did not know, until about a year prior to action, of the attempted foreclosure or possession by the defendant.</p> <p>Taxation — Judgment—Direct Attack. An action to recover possession of lands sold for taxes and to set aside the tax judgment is a direct and not a collateral attack upon the tax foreclosure.</p> <p>Judgment — Recitals — Evidence to Overcome Presumption of Jurisdiction. Proof that defendants did not appear, were not personally served, and a record showing nothing but the publication of summons void on its face, is sufficient to overcome the presumption from recitals in the judgment of due service, and shifts the burden of proof, in a direct attack on the judgment; as the same is only a prima facie presumption.</p>