Krutz v. Dodge

Citations

• 66 Wash. 178
• 119 P. 188
• 1911 Wash. LEXIS 1037

Syllabus

<p>Appeal — Review—Estoppel to Allege Error. Where plaintiff, in proceedings to register a title under the Torrens act, moved a dismissal without prejudice, which was granted except as to a specified portion of the relief, on appeal by the plaintiff, error in denying registration, which was unappealed from, cannot be reviewed.</p> <p>Records — Real Estate — Registration Under Torrens Act — Proceedings — Right to Dismissal. The superior court has no jurisdiction to try out conflicting titles and refuse the applicant a dismissal without prejudice, in a special proceeding to register land titles under the Torrens act, the act having provided (Rem. & Bal. Code, § 8834) that the superior court shall dismiss the proceeding if the title is not a proper one for registration which dismissal may be without prejudice, and that the applicant may dismiss at any time on terms fixed by the court, and Id., §§ 8809 and 8823, providing for the registration only of such titles as are found to be in the applicant, with admitted liens or outstanding interests, and that the applicant proceeds at his peril if there are hostile or conflicting interests.</p> <p>Appeal — Review—Prejudicial Nature oe Error. Error in refusing a, dismissal without prejudice as to all the lands- sought to be registered under the Torrens act cannot be said to be harmless merely because tbe title to tbe land was not adjudicated, the statute requiring the court to enter a dismissal without prejudice when asked for.</p>