Schmidt v. Olympia Light & Power Co.

Citations

• 46 Wash. 360
• 90 P. 212
• 1907 Wash. LEXIS 621

Syllabus

<p>Judgment — Res Adudicata — Identity op Parties. Where, in an action for the foreclosure of a mortgage upon premises which were subject to a water right, the extent of which was in dispute between the mortgagees and the successors in interest of the grantees of the water right, the judgment of foreclosure, determining the extent of the water right against the claims of the grantees thereof, is not res adjudicata as against the original grantor of the water right and his successors, who were not parties to the foreclosure action.</p> <p>Same — Questions Determined. One who acquired title under foreclosure proceedings in which it was adjudged, on the only issue litigated, that the title was subject to a water right, cannot contest the title to the water right, hut is conclusively hound by the decree.</p> <p>Estoppel — Decree Adjudging Title — Purchase Under — Notice— Acquiescence — Vendor and Purchaser — Deeds. Where the owner of land first conveyed a one-acre tract together with a specified water right, and then conveyed a four-acre tract subject to the water right as described in the prior deed, the record of which was. recited, hut in the latter deed erroneously described the water as greater in volume than the amount conveyed in the prior deed, and upon foreclosure of a mortgage upon the four-acre tract, the extent of the water right was litigated between the mortgagees and the owners of the water right, and it was adjudged that the four-acre tract is subject to the lesser volume of water as described in the deed granting the same, one who stands by wfith notice of the foreclosure suit is estopped from afterwards acquiring title to the greater volume of water exempted from the grant of the four-acre tract, as against the purchaser at the foreclosure sale relying upon the adjudication that the land foreclosed was subject only to the lesser right.</p> <p>Vendor and Purchaser — Bona Pides — Notioe. Redemption from a judicial sale of a one-acre tract and a specified