Morrison v. Steenstra

Citations

• 45 Wash. 175
• 88 P. 104
• 1906 Wash. LEXIS 945

Syllabus

<p>Appeal — Objections—Waiver—Theory oe Trial — Judgment—Vacation — Form of Action. Where a petition to vacate a judgment states a cause in equity for relief from a judgment fraudulently obtained against an insane person, and it is so treated by the court at the close of plaintiff’s testimony, the defendants waive any objection to the proceeding as one in equity by introducing evidence upon the issues without ashing for leave to file an answer or claiming any surprise.</p> <p>Judgments — Against Insane Person — Vacation — Grounds — Fraud. Where, after the foreclosure of a mortgage against an insane person, a judgment in a small amount is wrongfully secured against the insane person, by persons hnowing of his insanity, for the purpose of redeeming from the foreclosure sale property worth $3,000 or $4,000 on payment of but $553.17, the judgment is properly vacated, with leave to the guardian of the insane person to redeem upon restoration of the amounts paid out.</p>