McLiesh v. Ball

Citations

• 58 Wash. 690
• 109 P. 209
• 1910 Wash. LEXIS 994

Syllabus

<p>Judgment—Collateeal Attack—Payment. It is not a collateral attack upon a judgment to show that a sale on execution thereunder was void because the judgment had been paid.</p> <p>Execution—Sale—Payment oe Judgment. After payment of a judgment to the plaintiff’s authorized agent, a sale on execution thereunder is void, and the lack of jurisdiction to sell is not cured hy an order confirming the sale.</p> <p>Quieting Title—Ejectment—Pleading—Defenses. Under Rem. & Bal. Code, § 785, providing that, in actions to recover the possession of land, the parties shall set forth their title, and that the superior title, whether legal or equitable, shall prevail, the court is to determine the title and grant relief according to the equities of the case; and defendants in possession, claiming that plaintiffs’ execution sale was void on the ground that the judgment had been paid, need not first institute a direct proceeding to cancel the judgment before answering the complaint.</p> <p>Estoppel—To Question Execution Sale. It cannot he urged that judgment debtors are estopped from claiming the invalidity of an execution sale hy standing by while title was passing to innocent purchasers, where, under instructions not excepted to, and sufficient evidence, the jury found they were not innocent purchasers.</p>