Phillips v. Tompson

Citations

• 73 Wash. 78
• 131 P. 461
• 1913 Wash. LEXIS 1559

Syllabus

<p>Quieting Title — Process—Service by Publication — Jurisdiction. The state has power to enact laws whereby the title to real property within the state may be quieted as against nonresident or all unknown heirs, by service of process by publication; and the court by such service acquires jurisdiction to adjudicate the title to the property.</p> <p>Same — Process—“Unknown” Heirs. Under a title against “unknown heirs,” children of a deceased child may be considered heirs at law of their deceased grandparent.</p> <p>Judgment — Attack—Presumptions—Lis Pendens. Where judgment was rendered against unknown heirs in an action to quiet title, it will be presumed in an action attacking the judgment, that a Us pen&ens was filed in the action to quiet title, as required by Rem. & Bal. Code, § 232, in the absence of any allegation to the contrary.</p> <p>Quieting Title — Unknown Heirs — Jurisdiction. In an action to quiet title against a named defendant, and unknown heirs, the court has jurisdiction to adjudicate the title, although the named defendant was dead at the time the action was commenced.</p>