Payette v. Ferrier

Citations

• 20 Wash. 479
• 55 P. 629
• 1899 Wash. LEXIS 185

Syllabus

<p>PARENT AND CHILD—CONVEYANCE FOB LIFE SUPPORT—RESCISSION—• RES JUDICATA.</p> <p>A court of equity bias jurisdiction to cancel a deed made by a parent to a child in consideration of support and maintenance, where the consideration therefor, which is a personal and continuing one, fails either from the refusal of the child to perform the agreement, or from an attempted conveyance or mortgage of the land by the child, or from the death of the child.</p> <p>A decree in a former action by a father against a child denying a rescission of a conveyance to the child for failure to furnish support does not constitute a bar to a later action by the father for a rescission, when the grounds of the second action, viz., the conveyance of the lands in controversy to a third party and the death of the child, were not considered or determined by the court in the prior action.</p>