Vietzen v. Otis

Citations

• 46 Wash. 402
• 90 P. 264
• 1907 Wash. LEXIS 627

Syllabus

<p>Abatement and Revival — Transfer of Interests — Parties—Substitution — Quieting Title. In an action to quiet title where the plaintiff conveyed the premises pending the suit, an order substituting the purchasers as parties plaintiff, unexcepted to and unappealed from, would probably authorize the prosecution of the suit by the substituted plaintiffs; and certainly, where the conveyance pending the action was satisfactorily proved.</p> <p>Quieting Title — Possession—Action—Form. The failure of the plaintiff in an action to quiet title to prove that he was in possession or that the land was vacant and unoccupied, is not ground for dismissing the action.</p> <p>Adverse Possession — Payment of Taxes — Quieting Title — Defense. In an action to quiet title, the payment .by defendant of seven years taxes on the property is not a defense, when the last payment was made a few days prior to the commencement of the action.</p> <p>Quieting Title — Defenses—Laches. An action to quiet title is not barred by the laches of the plaintiff, if commenced within the period fixed by the statute of limitations, and there is nothing to warrant the court in fixing a shorter period.</p> <p>Mortgages — Foreclosure—Execution—Place of Sale — Property in Different Counties. Real property can be sold under execution in a foreclosure case only in the county in which it is situated and by the sheriff of that county, under Const, art. 4, § 6, providing that process of the superior courts shall extend to all parts of the state, Bal. Code, § 5890, providing that decrees of foreclosure shall be enforced by execution, and Bal. Code, § 5195, and Hill’s Code, §§ 500 and 507, providing that the writ shall issue to the sheriff of the county in which the property is situated, and for notice and sale in such county; and an execution sale in one county, of lands situated in two counties foreclosed in one action, is void.</p> <p>Same — Effect of Decree and Confirmation. A mortgage foreclosure sale of land si