Humphries v. Sorenson

Citations

• 33 Wash. 563
• 74 P. 690
• 1903 Wash. LEXIS 552

Syllabus

<p>Judgment—Entry—Findings of Fact—Consent to Form— Exceptions. The endorsement upon the findings and judgment entry of “O. K.” signed by the attorney for the defeated party will be considered as an assent only to the form, where such intent is shown by the taking of exceptions at the time the decision was rendered and after the entry of the judgment.</p> <p>Appeal — Review — Exceptions to Findings — Sufficiency. Written exceptions to findings of fact taken in the form of assignments of error are sufficient to warrant a review of the evidence on appeal.</p> <p>Executions—Transcript of Judgment from Another County— How Issued—Sale. . An execution cannot be issued by the superior court of one county upon a transcript of a judgment entered in another county, although Bal. Code, § 5132, creates a lien therefor upon the debtor’s real estate in the county where filed; and a sale on such an execution is void.</p> <p>Ejectment—Title of Plaintiff—Weakness of Defendant’s Title. In an action to recover the possession of real property, the plaintiff cannot recover upon the weakness of defendant’s title, and if without title himself the action fails.</p> <p>Community Property—Mortgage by Wife Alone—Foreclosure —Defense to Ejectment—Affirmative Relief Not Granted When. The foreclosure of a mortgage of community property, made by the wife alone, conveys no title, and affirmative relief, quieting the title thereunder, cannot be given to defendants relying thereon in an action to recover possession, upon dismissing the action for failure of plaintiff’s title.</p>