Smith v. Dement Bros.

Citations

• 100 Wash. 139
• 170 P. 555
• 1918 Wash. LEXIS 715

Syllabus

<p>Interpleader—By Garnishee—Pendency oe Garnishee Action. Under Rem. Code, §§ 199-201, authorizing an action of interpleader by any person holding funds claimed by others in which he has no interest, in which action» the court may determine the superior right or title, a garnishee may maintain interpleader where the garnisheed property is claimed by a stranger, and the court has jurisdiction of the action regardless of the pending garnishee suit.</p> <p>Interpleader—Defenses—Waiver, After tendering issue and proceeding to trial in an action of interpleader brought by the garnishee, the plaintiff in the garnishee action cannot object that his rights are not determined in the original action.</p> <p>Fraudulent Conveyances—Leased Lands-—Crops Belonging to Tenant. Where a farm lease was transferred in fraud of creditors before seeding time or the doing of any work, the creditors cannot recover crops from the transferee who entered and cultivated the land on- his own account.</p> <p>Appeal—Review—Findings. An action of interpleader under Rem. Code, §§ 199-201 being of an equitable nature, findings of fact are not necessary to sustain the judgment.</p> <p>Same. Indefinite and incomplete findings are, in the absence of the evidence, presumed to be based upon sufficient facts and cannot be reversed on appeal.</p>