Sawyer v. Vermont Loan & Trust Co.

Citations

• 41 Wash. 524
• 84 P. 8
• 1906 Wash. LEXIS 1000

Syllabus

<p>Appeal — Assignment of Errors — Bbiefs—Striking. A brief assigning fifty-nine errors, in wbicb only three questions of law are discussed at length, will not be struck out for failure to discuss each error or to confine the discussion to the errors assigned, where the respondent has retaliated to the argument with a brief of 160 pages.</p> <p>Attorney and Client — Authority—Who May Question — Ratification. A third person has no right to question the authority of an attorney for the purpose of collection, who takes a deed in settlement of the claim and records the same without notice to the client, especially where the client ratified such action.</p> <p>Records — Deed Filed But Not Indexed — Priority. Where a quitclaim deed hy a mortgagor was filed for record in the auditor’s office several days before the filing of a Us pendens in an action to foreclose the mortgage, the finding of the trial court that the quitclaim deed has priority over the lis pendens will not be disturbed on appeal, although there was some evidence that the index required by the statute to be kept by the county auditor did not show the quitclaim deed at the time of the filing of the lis pendens (Dunbar, J., dissenting).</p> <p>Same — Delay in Recording Deed — Effect. The neglect of the county auditor to record an instrument for more than twenty days after it has been filed for record cannot militate against the party filing the instrument, if it was properly indexed.</p> <p>Husband and Wife — Parties—Partition—Action as to Wife’s Real Estate — Nonresidents—What Law Governs. Under the laws of the state of New Hampshire, a wife domiciled in that state, and owning an interest in real property in this state, may maintain an action in this state for a partition without joining her husband as party plaintiff.</p> <p>Descent and Distribution — Community Property — Interest of Wife. Upon the death of the husband leaving issue the wife becomes entitled to a three-fourths interest in the community real