Murray v. Briggs

Citations

• 29 Wash. 245
• 69 P. 765
• 1902 Wash. LEXIS 582

Syllabus

<p>PURCHASE AT EXECUTION SALE-RIGHT OF TENANT IN POSSESSION.</p> <p>Laws 1899, p. 93, § 15, awarding possession during the period of redemption from an execution sale to a tenant in possession holding under an unexpired lease confers no rights upon one whose tenancy was created by persons who had had no interest in or t'itle to the property whatever.</p> <p>EJECTMENT-POSSESSION OF DEFENDANTS-ALLEGATIONS OF COMPLAINT.</p> <p>The complaint in an action of ejectment states a cause of action against all the defendants instead of but one, when it avers they are all in possession, and further avers that on,e of them claims his right to possession by virtue of a tenancy from the others, but does not allege that he is in exclusive possession or that he claims such right.</p> <p>SAME-EVIDENCE-MATERIALITY.</p> <p>Where it is admitted by the pleadings in an action of ejectment that' the defendants are jointly in possession, and that one of them claims to hold under the others as their tenant, the terms of the tenancy are not material, and hence, the rejection of evidence bearing thereon would not' constitute error.</p> <p>SAME.</p> <p>In an action of ejectment it is not error to refuse the admission in evidence of a deed to defendant’s grantor from one who never had the legal title to the premises, and who had parted with whatever equitable interest he had therein prior to the execution of the deed.</p> <p>SAME-DEED AS EVIDENCE-MISDESCRIPTION OF PROPERTY-EFFECT.</p> <p>A deed which fails to identify the property cannot be given in evidence in an action of ejectment in order to prove defendant’s title, although an offer is made to show a mistake in the description; it could not be rendered competent as evidence, until reformed in a proceeding brought for that purpose..</p> <p>EXECUTION-CANNOT ISSUE ON TRANSCRIPT OF JUDGMENT.</p> <p>In the absence of statutory authority, an execution cannot be issued upon a mere transcript filed in one county showing the judgment rendered in ano