Kinsman v. City of SpoKane

Citations

• 20 Wash. 118
• 54 P. 934
• 1898 Wash. LEXIS 478

Syllabus

<p>QUIETING TITLE—STREET ASSESSMENT AS CLOUD—PLEADING — TENDER.</p> <p>Under Code Proc., § 544 (Bal. Code, § 5521), authorizing an action to quiet title against any one claiming an interest in land adverse to the owner, such an action may be maintained for the removal of a street assessment as a cloud upon title, although the assessment is apparently barred by the statute of limitations.</p> <p>A complaint in an action to remove a street improvement assessment as a cloud upon title, upon the ground that it is barred by the statute of limitations, and also that it was without foundation in the first instance, is not demurrable because it does not allege a tender of the amount of the assessment.</p>