Peterson v. Wheeler

Citations

• 66 Wash. 519
• 120 P. 83
• 1912 Wash. LEXIS 797

Syllabus

<p>Judgment — Action to Vacate — Necessary Parties — Defendants —Purchasers. Where property was attached and sold under a judgment alleged to he fraudulent and void, the purchasers at the sale are indispensable parties to an equitable action to set aside and vacate the judgment.</p> <p>Judgment — Res Judicata — Parties and Privies. In an action by grantees acting merely as trustees of judgment debtors, brought against the purchasers of the property at execution sale to set aside the judgment and sale as fraudulent and void, a judgment quieting the title of the purchasers is res judicata as far as the title to the property is concerned, and bars a subsequent action by the judgment debtors against the judgment creditors to set aside the judgment, which was satisfied by the execution sale.</p> <p>Appeal — Review—Pleadings—Amendments. In an equity case, a defective plea of res judicata will be deemed amended on appeal to conform to proof.</p>