Rodda v. Needham

Citations

• 78 Wash. 636
• 139 P. 628
• 1914 Wash. LEXIS 1073

Syllabus

<p>Husband and Wife — Actions of Wife — Capacity to Sue. A wife, who while living apart from her husband, incurred indebtedness and made a contract resulting in a conveyance of community property, has capacity to sue to have the conveyance declared a mortgage, without joining her husband as a party plaintiff.</p> <p>Same — Actions by Wife- — Necessary Parties Defendant. In an action by a wife to have a conveyance of community property declared a mortgage, the husband is a necessary party defendant.</p> <p>Parties — Defect of Parties Defendant — Remedies—Dismissal— Amendment. Want of-a necessary party defendant, appearing on the face of the complaint, is not ground for dismissal, when the objection was first made at the close of plaintiff’s evidence; but the party should be ordered brought in by amendment.</p> <p>Mortgages — Action to Redeem — Tender—Necessity. A tender is not a condition precedent to an action to have a deed declared a mortgage, where the grantee claimed to be the absolute owner of the land and refused to treat with the grantor on any other basis; especially since the court may require equity between the parties.</p> <p>Mortgages — Deed as Mortgage — Redemption—Value. The right to redeem from a deed intended1 as a mortgage is not affected by the value of the property.</p>