Roger v. Whitham

Citations

• 56 Wash. 190
• 105 P. 628
• 1909 Wash. LEXIS 870

Syllabus

<p>Municipal Corporations — Assessments — Sales — Purchase by City Attorney — Validity. A city assessment foreclosure and sale, without notice to the owner, is void when conducted by the city attorney, who made no diligent effort to ascertain the name or address of the owner, and who has, through the instrumentality of a third person, bid in the property at a grossly inadequate price.</p> <p>Same. A city attorney is charged as a trustee, as 'well for the owner of property sought to be charged with the lien of a special assessment as for the city, and is bound to perform his full duty to each.</p> <p>Judicial Sales — Setting Aside — Inadequacy. Slight attending circumstances indicating unfairness are sufficient to sustain the discretion of the court in setting aside a sale for a great inadequacy of price.</p> <p>Same — Deeenses. A city attorney cannot bid in property at a public sale conducted by him, and assert equitable defenses against the owner.</p> <p>Aliens — Expatriation. Expatriation does not forfeit the right to hold and recover real property.</p> <p>Equity — Laches—Limitation oe Actions. Laches will not bar an action to recover real property where suit is brought within the period of the statute of limitations.</p>