Jackson v. McAuley

Citations

• 13 Wash. 298
• 43 P. 41
• 1895 Wash. LEXIS 91

Syllabus

<p>PLEADING — PENDENCY OP ANOTHER ACTION — MISJOINDER OP PARTIES — WHEN HARMLESS — COVENANT OP WARRANTY — BREACH.</p> <p>A demurrer to a complaint on the ground that another action is pending between the same parties as to the same subject matter cannot be sustained where there is nothing upon the face of the complaint indicating the pendency of such other action.</p> <p>A misjoinder of parties defendant furnishes no ground for reversal of a judgment where the cause was dismissed as to a defendant claimed to have been improperly joined.</p> <p>A covenant of warranty in a deed is broken by ouster by a purchaser at a foreclosure sale under a mortgage outstanding when the deed was executed.</p>