Holly v. Munro

Citations

• 55 Wash. 311
• 104 P. 508
• 1909 Wash. LEXIS 752

Syllabus

<p>Taxation — Judgment and Sale — Vacation—Merits—Tender of Tax. The rule tbat an action to vacate a judgment cannot be maintained without an allegation of a meritorious defense has no application to proceedings to vacate a void tax judgment, the statute requiring only a tender of the taxes paid; such tender and the validity of the tax judgment being, moreover, a meritorious defense.</p> <p>Judgments — Recitals—Presumptions—Findings of Fact. The rule that recitals in a judgment showing jurisdictional facts raise a presumption of jurisdiction has no application to recitals in findings of fact, especially in an equity case where findings are not necessary.</p> <p>Same — Evidence on Service — Presumptions. The presumption irom recitals of due service of process in a judgment is only prima facie and may he overcome by proof that none other than the void summons on file was served.</p>