Prince v. Mottman

Citations

• 84 Wash. 287
• 146 P. 841

Syllabus

<p>Apfeal — Appealable Orders — Vacating Judgment — Finality— Parties Entitled. The purchaser at a partition sale, who was not a party to the action, may appeal from an order vacating the judgment and setting aside the sale; as the order was, as to him, a final judgment, determining his rights in the matter.</p> <p>Guardian and Ward — Guardian Ad Litem — Duties—Negligence —Failure to Make Defense. The evidence is insufficient to show negligence or bad faith of a guardian ad litem in defending an action for partition, where it appears that, in a second action between the same parties, he assumed and vigorously asserted a defense in line with the decision of the same court between the same parties which, if successful, would have resulted advantageously for his wards; and the fact that the first decision relied on by him was subsequently reversed on appeal, and that he did not appeal from an adverse decision in the second case, does not amount to misconduct or a failure to discharge his duties.</p> <p>Judicial Sales — Vacation—Rights of Purchasers — Bona Fides. Under Rem. & Bal. Code, § 1742, providing that property acquired by a purchaser in good faith under a judgment subsequently reversed shall not be affected by such reversal, a partition sale to purchasers not parties to the action, who bought on the open market, will not be vacated because of irregularities or errors which resulted in the judgment, at the suit of minors who were parties to the action and represented by a guardian ad litem, who failed to appeal from or supersede the judgment.</p> <p>Judicial Sales — Irregularities—Notice—Confirmation—Effect. After confirmation of a partition sale, the referee’s report and order of confirmation showing a substantial compliance with the statute as to notice, objection cannot be made to the notice of sale in that the name of the newspaper and the day of the week on which the paper was published was not shown by the report, nor that the last day of publication was gi