State ex rel. McClaine v. Reed

Citations

• 29 Wash. 383
• 69 P. 1096
• 1902 Wash. LEXIS 596

Syllabus

<p>APPEAL-DISMISSAL-SUFFICIENCY OF ASSIGNMENT OF ERROR.</p> <p>A motion to dismiss an appeal for want of an assignment of error is without merit, where the appellant’s brief expressly assigns as error the order sustaining defendant’s demurrer to his petition and dismissing the petition, with costs to defendant.</p> <p>TAXATION-SALE-REDEMPTION OF UNDIVIDED INTEREST.</p> <p>Under Laws 1899, p. 295, § 82, which provides that' “any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole,” and Laws 1899, p. 298, § 102, which provides that “tenants in common, or joint tenants, shall be allowed to redeem their individual interests in real property for which certificates of delinquency have been issued,” the owner of an undivided interest' in land sold as a whole for delinquent taxes is entitled to a certificate of redemption therefrom on his interest, when he tenders to the county treasurer the amount' due for taxes, interest and costs on his proportion of the land.</p> <p>SAME-SUFFICIENCY OP TENDER.</p> <p>A sufficient tender of taxes is alleged in a petition for mandamus to compel the treasurer to issue a redemption certificate from a sale therefor, when it is alleged that' plaintiff demanded of the treasurer a statement of the taxes due upon his undivided sixth interest in the land, which was refused, and that he tendered to the treasurer the amount due upon that interest, as near as he could ascertain that amount, but, if there should be more due, he is ready and willing to pay same.</p>