Magee v. Big Bend Land Co.

Citations

• 51 Wash. 406
• 99 P. 16
• 1909 Wash. LEXIS 1201

Syllabus

<p>Executors and Administrators — Husband and Wipe — Administration op Community Property. In tbe administration upon the estate of a widower, without there haying been any previous administration upon the estate of his deceased wife, the court has jurisdiction to administer the whole of their community property.</p> <p>Judgments — Conclusiveness—Collateral Attack. An action to quiet title and recover possession of land sold at an administrator’s sale, alleged to have been made without jurisdiction, is a collateral attack upon the probate proceedings.</p> <p>Courts — Jurisdiction—-Presumptions-—Judgments. Upon a collateral attack of a proceeding in a court of general jurisdiction, jurisdiction will be presumed unless the contrary appears of record.</p> <p>Courts — Jurisdiction—Executors and Administrators — Sale— Collateral Attack — Judgments. The territorial probate court being a court of record, having a seal, with exclusive original jurisdiction over probate proceedings, its judgments therein need not affirmatively show the existence of facts upon which the exercise of jurisdiction depends, but the same are presumed unless the contrary appears; hence an administrator’s sale of real estate and confirmation thereof by such court cannot be collaterally attacked for failure to appoint a guardian ad litem, and give notice to a minor, such defects not appearing on the record.</p> <p>Executors and Administrators — Sale oe Real Estate — Jurisdiction — Petition. A petition for an administrator’s sale of real estate to pay debts sufficiently shows jurisdiction to make the sale, where it appears that the personal property, consisting of stock, was lost without fault of the administrator, the money having been expended in an effort to save the stock, that no personal property remains in his hands, and that there is no way to pay the debts except by sale of the real estate.</p>