McManus v. Morgan

Citations

• 38 Wash. 528
• 80 P. 786
• 1905 Wash. LEXIS 1202

Syllabus

<p>Taxes—Setting Aside Deed—Tender of Tax—Complaint— Sufficiency. As against a demurrer, a complaint in an action to set aside a tax title sufficiently alleges a tender of all taxes, penalties, interests and costs, when it follows substantially the language of Bal. Code, § 5679.</p> <p>Same—Tender—Payment into Court. In an action to set aside a tax title, the amount tendered for taxes, etc., due need not be paid into court, since the action is in equity and the court will only grant the relief prayed upon fulfillment of proper conditions.</p> <p>Quieting Title—Plaintiff’s Interest—Mortgages—Foreclosure—Possession of Purchaser at Sale—Suit Before Deed. A purchaser at a mortgage foreclosure sale, upon receiving a certificate of sale and before receiving his deed, is entitled to the possession and to the title of the mortgagor, subject to redemption, under Laws 1899, p. 93; and hence has a “valid subsisting interest in real property and the right to the possession thereof,” within Bal. Code, § 5500, entitling him to bring an action to remove a cloud from the title.</p> <p>Taxes—Foreclosure of Tax Liens—Notice to Owner—Statutes—Construction. Under Laws 1897, p. 182, §§ 96, 97, providing that, upon the foreclosure of a delinquency tax certificate, the holder shall give notice to the owner of the property, and that the summons shall be served in the same manner as a summons in a civil action, it was intended that the owner should he served personally if personal service can. he made, and if not, by publication.</p> <p>Same—Summons by Publication—Affidavit of Nonresidence —Jurisdictional Requisite. In the foreclosure of a delinquency tax certificate held by a private individual, an affidavit for publication, showing the nonresidence of the owner of the property, is a jurisdictional requisite of a summons by publication, under Laws 1897, p. 182, § 97, requiring the summons to be served in the same manner as in civil actions, and the same must affirmatively appear in the rec