Rohrer v. Snyder

Citations

• 29 Wash. 199
• 69 P. 748
• 1902 Wash. LEXIS 576

Syllabus

<p>QUIETING TITLE-NEITHER PARTY IN ACTUAL POSSESSION-RIGHT TO JURY TRIAL.</p> <p>An equitable action to try title or remove clouds from title can be maintained under Bal. Code, § 5521, where the property is not in the actual possession of any one; and such action, being purely equitable in its nature, is properly triable without the intervention of a jury.</p> <p>SAME-WHEN ATTACHMENT MAY ISSUE.</p> <p>.Under Bal. Code, § 5350, an attachment may issue in an equitable action, when the object of the action is to recover a specified amount of money.</p> <p>SAME-JUDGMENT OE FORECLOSURE.— COLLATERAL ATTACK.</p> <p>The fact that a mortgagee prosecuted another action for the same matter while foreclosing his mortgage, although contrary to the provisions of Bal. Code, § 5893, cannot' be urged by way of collateral attack upon the judgment of foreclosure.</p> <p>FRAUDULENT CONVEYANCE-ACTION TO SET ASIDE-ALLEGATION AS TO DEBTOR’S LACK OF PROPERTY.</p> <p>Where a creditor seeks to set aside an alleged fraudulent conveyance, it is sufficient for the complaint to allege that the debtor has no other property within the state out of which the debt could be made, and it is unnecessary to negative the existence of property beyond the jurisdiction of the court.</p> <p>PRIORITIES BETWEEN UNRECORDED DEED AND TITLE ACQUIRED AT EXECUTION SALE.</p> <p>Title acquired by an execution creditor under his own levy and sale will not prevail over a prior unrecorded deed.</p> <p>IMPROPER ADMISSION OF EVIDENCE-HARMLESS ERROR.</p> <p>The improper admission of evidence is not cause for reversal, where the action is one triable de novo on appeal.</p> <p>FRAUD- — PROOF MUST BE CONVINCING.</p> <p>Where the good faith of a conveyance is assailed, it is not enough that the evidence may cause a suspicion as to its good faith. It should be clear, satisfactory and convincing that the conveyance is in reality fraudulent..</p>