Parker v. Burwell

Citations

• 69 Wash. 386
• 125 P. 151
• 1912 Wash. LEXIS 915

Syllabus

<p>Trusts—Constructive Trust—Sale of Land—Evidence—Sufficiency. A constructive trust in lands in favor of the plaintiff is established where it appears that plaintiff purchased state lands at public sale and fully performed the contract, but defendants procured the state deed by representing to the commissioner of public lands that a default judgment awarding defendants the right to the property and operating as an assignment of the state contract had become final, when in fact a petition for the vacation of the judgment was pending, and it was finally vacated and' the action dismissed, and there was no consideration for a direction by the plaintiff to allow defendants to purchase the land which constituted the basis for the action.</p> <p>Vendor and Purchaser—Bona Fide Purchasers—Notice—Lis Pendens. The recording of an original contract for the sale of state lands, and the filing of a Us pendens in an action against the purchaser for the recovery of the land, by one claiming the right to purchase from the state, imparts notice of the rights of the original purchaser as against grantees of the plaintiff in the suit.</p>