Miller v. Winslow

Citations

• 70 Wash. 401
• 126 P. 906
• 1912 Wash. LEXIS 1061

Syllabus

<p>Judicial Sales — Sale to Officer — Validity—Confirmation of Sale — Effect. An execution sale by a sheriff to himself is such a fraud on the rights of the owner as to be voidable if challenged within a reasonable time by a suit to redeem the property, notwithstanding the confirmation of the sale, which only cures irregularities that go to the record, and does not bar a suit by one who was defrauded.</p> <p>Judicial Sales — Validity—Sale to Officer — Fraud — Inadequacy of Price. Where an execution sale by a sheriff to himself deters another purchaser from bidding, the sale operated as a direct fraud upon the owner, especially where there was a great inadequacy of price; and it is immaterial that the sheriff finally allowed the property to go to the other bidder.</p> <p>Judicial Sales — Illegal Sale — Redemption — Rights of Purchaser — Interest on Taxes Paid — Rate. Upon redemption from an illegal execution sale, the purchaser is not entitled to fifteen per cent interest upon taxes and assessments paid on the property, but only interest at the legal rate.</p>