Schlarb v. Castaing

Citations

• 50 Wash. 331
• 97 P. 289
• 1908 Wash. LEXIS 728

Syllabus

<p>Husband and Wife — Community Property — Descent and Distribution. Upon the death of a husband his community real property descends one-half to the wife and one-half, share and share alike, to his children, who become tenants in common.</p> <p>Mortgages — Foreclosure—Parties—Necessary Parties Defendant. Minor heirs of a deceased mortgagor of community property are necessary parties defendant to an action to foreclose the mortgage.</p> <p>Limitation of Actions- — Recovery of Real Estate — Adverse Possession — Statutes — Construction — Authorized Sale — Infants— Tenancy in Common. Laws 1893, p. 20, §1 (Bal. Code, § 5501), providing that actions to recover real estate of which any person may be possessed for seven years “having a connected title deducible . . . from any sheriff . . . authorized to sell such land on execution” shall be brought within seven years after possession taken, operates to bar an action by minors to recover an interest in property sold under mortgage foreclosure execution, although the minors were necessary parties to the foreclosure and were not joined and the foreclosure did not affect their interests and the purchaser was only their tenant in common, where the purchaser understood he was buying the entire property and maintained adverse possession for seven years for his own exclusive benefit; since the sale was “authorized” if directed by a judgment, whether the judgment was subject to attack or not.</p> <p>Same — Peesons Undee Disability — Infants. The legislature has power to provide that statutes of limitations shall run against minors, and such was the intent of Laws 1893, p. 20, § 1, providing a seven-year limitation for lands held under judicial sale; since by section 5, only in the case of the 3rd and 6th sections of the act are infants excepted from its operation.</p>