Pillsbury v. Beresford

Citations

• 58 Wash. 656
• 109 P. 193
• 1910 Wash. LEXIS 986

Syllabus

<p>Taxation—Tax Deed—Action to Set Aside—Evidence oe Title. A nonresident plaintiff in an action to set aside a tax deed is sufficiently identified as the grantee in a recorded deed from the conceded holder of the title, where he testified that he purchased the lot from such holder, paid for it, and produced tax receipts showing payment by him of taxes thereon, and that he lived in the state given as the residence of the grantee in the deed.</p> <p>Same—Condition Precedent—Tender oe Tax. A tender of taxes as a condition precedent to an action to set aside a tax deed is excused where it appears that the defendants claimed title to the land and plainly indicated that any tender would be refused.</p> <p>Process—Summons eor Publication—Sufficiency. Under Rem. & Bal. Code, § 9254, subd. 2, a summons by publication requiring the defendant to appear within sixty days after the “service” of the summons is not in accordance with the statute, and is insufficient to confer jurisdiction to enter a judgment of default.</p> <p>Same—Judgment—Service oe Process—Evidence. In an action to set aside a default judgment in a tax foreclosure, a finding that there was no summons other than a defective publication shown by the files is warranted where the defendants in the foreclosure were nonresidents, did not enter any appearance, or know of the action and were not personally served, the files show no other service than the defective publication, and there was no affirmative showing that any other service was made.</p> <p>Costs—Disbursements—Depositions. Under Rem. & Bal. Code, § 482, authorizing the allowance of costs for the necessary expenses of taking depositions, to be proved by affidavit, costs may be taxed for the notary’s fees, although he failed to indorse the same on the deposition; and also for depositions taken on stipulation containing no provision for such taxation.</p>