Stone v. Marshall

Citations

• 52 Wash. 375
• 100 P. 858
• 1909 Wash. LEXIS 1123

Syllabus

<p>Joint Tenancy — Public Lands — Patent After Abolishment— Husband and Wife — Community Property — Descent and Distribution. A tract of land patented by the United States government to two married men in the state of Washington, after the enactment of the community property law of this state, is the common property of the parties and their wives, and is not held under a joint tenancy, with the right of survivorship, and upon the death of one of the patentees, his interests descend to his wife and children under the laws of descent, and not to the surviving owner.</p> <p>Tenancy in Common — Taxation — Redemption — Purchase of Certificate by Co-Owner. The purchase of a tax certificate by a joint owner of land, has the effect of redemption from the tax sale, and inures to the benefit of the co-owners.</p> <p>Same — Payment of Tax by Co-Owner — Lien. A co-owner, by payment of taxes against the entire estate, acquires a lien for a just proportion of the taxes paid, but cannot acquire a tax title to the exclusion of co-owners.</p> <p>Equity — Estoppel — Laches — Quieting Title. The claim of laches in bringing an action to quiet title cannot be made by a co-owner who knew that the plaintiffs were in ignorance of the title and interest of their ancestors, and who never took any possession of the land or gave any notice of his claim thereto.</p>