Jones v. Seattle Brick & Tile Co.

Citations

• 56 Wash. 166
• 105 P. 238
• 1909 Wash. LEXIS 867

Syllabus

<p>Executors and Administrators' — Sales—Validity—Irregularities. Upon an administrator’s sale of mortgaged property to pay off the mortgage, in which, upon petition and notice therefor, the court ordered a sale of other property in case of a deficiency, a sale accordingly to pay the deficiency, with deed issued, confirmed by the court, is not void (as against parties claiming under a title not derived from the deceased) by reason of the fact that Bal. Code, § 6289, requires, in case of such a deficiency, that the mortgagee file a claim for the balance payable in due course of administration; since the court had jurisdiction, and Bal. Code, § 6475, provides that no sale shall be void or called in question by one claiming adversely-to the title of the deceased or under a title not derived from the deceased, for any irregularity, if it appears that the administrator was licensed to make the sale by an order of a court having jurisdiction of the estate, if a deed in legal form was executed and delivered; the omission of statutory proceedings for a deficiency sale in due course of administration being in such case an irregularity only.</p> <p>Taxation — Foreclosure—Validity—Process—Service on Parties Not Interested. A foreclosure of a tax delinquency certificate, under the act of 1899, which did not define the owner or authorize proceedings against the persons appearing as owners on the tax rolls, is void, where the action proceeded upon personal service against defendants who had no interest in the land, and no publication was had against unknown owners or any other service had; as the owner never had his day in court.</p> <p>Judgment — Presumptions—Process. Where the findings of the court show that no service was had except upon parties who had no interest in the land, there is no presumption in support of jurisdiction that another valid service was had upon- other necessary parties.</p>