Milton v. Crawford

Citations

• 65 Wash. 145
• 118 P. 32
• 1911 Wash. LEXIS 906

Syllabus

<p>Appeal — Review—Findings. Where findings are supported by the preponderance of the evidence, they will not be disturbed on appeal.</p> <p>Vendor and Purchaser — Title of Vendor- — Deficiency. A contract for the conveyance of a certain lot cannot be rescinded because the street had been widened by taking twelve feet off the lot, where the parties had contracted with reference to that known condition.</p> <p>Evidence — Parol to Vary Writing — Deficiency in Lot. Parol evidence is admissible to show that in entering into a written contract for the purchase of a lot, the parties knew that part of the lot had been taken for the widening of a street.</p> <p>Corporations — Powers—Holding Real Estate. A domestic corporation is expressly authorized by Rem. & Bal. Code, § 3683, to hold, sell and convey real estate; and where the articles authorize it to hold real estate for specific purposes, a properly executed deed vests it fully with title, even though the property is acquired for other purposes.</p> <p>Same — Persons Entitled to Question- — Time. Only the state can question a conveyance to a corporation as not authorized by its charter; and if not questioned, it can pass good title by a conveyance which cannot be questioned as ultra vires after the lapse of a reasonable time.</p> <p>Corporations — Deeds — Authority of Officers — Presumption. Where a deed by a corporation is executed by its president and secretary and authenticated by its seal, it is presumed that it was authorized by the corporation, and prima facie title is shown thereby without the production of other evidence.</p> <p>Vendor and Purchaser — Marketable Title- — Deed by Corporation. An abstract of title showing a prima facie title by a corporate deed, executed by its president and secretary and authenticated by its seal, which has not been questioned for seven years, shows a marketable title, although no resolution or authority for execution of the deed appears; since the same is free from reasonable do