Pierce County v. Bunch

Citations

• 49 Wash. 599
• 1908 Wash. LEXIS 630

Syllabus

<p>Appeal — Decisions Reviewable — Finality — Vacation or Tax Sale. An order vacating a tax foreclosure judgment and tax sale and deed is appealable by the purchaser at the tax sale who was not a party to the suit, as a final order determining his rights, since he could not assert rights in the tax case or appeal from the judgment.</p> <p>Appeal — Right to Appeal — Waiver of Objection. The objection that the purchaser at a tax sale was not made a party by order of intervention, upon a motion to vacate the tax judgment, cannot be first raised in the supreme court.</p> <p>Appeal — Right to Appeal — Parties In Interest — Tax Title Purchaser. A purchaser at a tax sale is a party in interest and entitled to appeal from an order vacating the tax foreclosure judgment.</p> <p>Taxation — Tax Judgment — Vacation—Notice to Purchaser. A tax foreclosure judgment cannot be vacated after the tax sale without notice to the purchaser.</p> <p>Judgment — Vacation—Res Judicata- — Denial of Vacation — Conclusiveness. Where a motion to vacate a judgment is denied on the ground that the motion was improper and the rights of the parties could not be adjudicated in such a proceeding, it is res adjudícala, upon that question, although not made on the merits; and the court cannot grant a second motion to vacate based on the same grounds.</p>