Merz v. Mehner

Citations

• 67 Wash. 135
• 120 P. 893
• 1912 Wash. LEXIS 1134

Syllabus

<p>Tenancy in Common — Rights and Remedies — Quieting Title. The purchasers of the whole title from a purchaser at a foreclosure sale are not tenants in common of parties to the suit who claimed the right of redemption or an interest which was cut off by the foreclosure sale subject to redemption, and such parties cannot recover an interest as tenants in common, having made no redemption.</p> <p>Mortgages — Foreclosure—Sales—Title. A mortgage foreclosure sale conveys the whole title subject to redemption with right to possession and rents.</p> <p>Judgment — Bar—Matters Concluded. A judgment quieting title against claims by infants alleging want of jurisdiction to render judgment of foreclosure, is res judicata and a bar to a subsequent action seeking to quiet title to the same lands by reason of defendants’ collusive agreement with a judgment creditor as to redemption and failure to redeem from the foreclosure sale for plaintiff’s benefit.</p> <p>Mortgages — Foreclosure—Sales—Redemption. A redemption by one who is not a tenant in common or co-owner does not inure to the benefit of others claiming an interest which was sold subject to redemption.</p>