Knowles v. Rogers

Citations

• 27 Wash. 211
• 67 P. 572
• 1902 Wash. LEXIS 380

Syllabus

<p>TRIAL'BY COURT FINDINGS UNNECESSARY IN EQUITABLE ACTIONS.</p> <p>Although an action may have been brought as a law action and’ a question of fact proper for a jury raised by a general denial in the answer, yet where an equitable defense was interposed and the action was tried by the court as an equitable one, findings of fact, as prescribed by Bal. Code, § 5029, were unnecessary, as the statute has application only to actions at law tried by the court without a jury.</p> <p>PAROL EVIDENCE-VARIATION OF WRITTEN CONTRACT.</p> <p>Where a contract itself is not in writing, the fact that written instruments are executed to carry out its terms, but upon collateral matters and without showing the terms of the principal agreement, would not render parol evidence inadmissible for the purpose of establishing the principal contract.</p> <p>JUDICIAL SALE-FRAUD ON PART OF JUDGMENT CREDITOR.</p> <p>Where a judgment creditor after a sale on execution of his debtor’s land agrees with the latter to stop all court proceedings and accept a settlement which will leave his debtor the land in controversy, and after such settlement, without the debtor’s knowledge, procures a confirmation by the court of the execution sale, the title so acquired is fraudulent and void.</p>