McNair v. Ingebrigtsen

Citations

• 36 Wash. 186
• 78 P. 789
• 1904 Wash. LEXIS 541

Syllabus

<p>Community Property — Liens—Foreclosure—Wife Necessary Party. The wife is a necessary party to an action brought by a city to foreclose a local assessment lien upon community real estate.</p> <p>Same — Quieting Title — Action to Set Aside Foreclosure Sale — Parties—Complaint—Sufficiency. The complaint in an action to remove the cloud of a local assessment foreclosure sale and deed is insufficient where it appears that the property was community property and that the wife was not made a party to the foreclosure; and neither the hardship of requiring a city to name the wife, where the record title stands in the name of the husband and the parties are nonresidents, nor the fact that the wife had filed no community property claim, can be urged where the complaint fails to show nonresidence, and alleges that the community character of the land was known to the city.</p>