Stoll v. Griffith

Citations

• 41 Wash. 37
• 82 P. 1025
• 1905 Wash. LEXIS 1063

Syllabus

<p>Taxation — Foreclosure of Lien — Summons — Sufficiency. A summons in foreclosure of a tax lien is not invalidated by reason of an unnecessary explanation as to what is meant by the date of service, when otherwise in proper form.</p> <p>Same — To Whom: Addressed. A summons in foreclosure of a tax lien addressed to Emil Coulon is sufficient where he appears to have been the owner of the property at the time the same was assessed, although it was assessed to E. Coulon.</p> <p>Same — Deed—Presumption of Regularity — Irregularities in Return of Sale — Effect. The validity of a tax deed is not affected by the recitals of the treasurer’s return of sale, where the law does not require or authorize such return but makes the deed prima facie evidence that the sale was conducted in the manner provided by law, especially where such return recites that the sale was so conducted, and its other recitals are not necessarily inconsistent therewith. 1</p> <p>Same — Tax Title — Who May Acquire — Grantee Under Defective Deed. The purchaser of premises from tenants in common, whose deed may be defective as to part of the grantors, may further assure his title by acquiring a tax title which accrued prior to his ownership of the property, and he is not to be held to have acquired the title in the interest of any of the former owners'as tenants in common with him.</p> <p>Vendor and Purchaser — Contracts—Performance. A contract of a vendor to further assure the title by the acquisition of a tax title is fully performed by acquiring the same and quitclaiming to the grantee, although the time for taking an appeal from the tax judgment has not yet expired-</p>