Peterson v. Steinhoff

Citations

• 44 Wash. 189
• 87 P. 118
• 1906 Wash. LEXIS 810

Syllabus

<p>Covenants — Breach op Warranty — Judgments—Conclusiveness —Notice to Depend. Where a covenantor in a warranty deed was served with notice to appear and defend an action of ejectment, and failed to do so, a default judgment entered in the ejectment suit is not conclusive against the covenantor that his title was defective, unless the covenantee proves, or the record in ejectment affirmatively shows, that his title was in issue; and an action on the covenant is properly dismissed where the plaintiff failed to show that the judgment in ejectment was no't rendered hy reason of any act or default on his part.</p>