Wagner v. Alderson

Citations

• 91 Wash. 157
• 157 P. 476
• 1916 Wash. LEXIS 1028

Syllabus

<p>Courts — Probate Courts — Jurisdiction—Judgments—Full Faith and Credit. Superior courts being courts of general jurisdiction exercising powers in probate, a decree awarding administration upon adjudging tbe death of the deceased must be accorded the same full faith and credit as judgments in law or decrees in equity.</p> <p>Executors and Administrators — Appointment — Decree — Jurisdiction — Fact op Death — Determination. Upon issuing letters of administration upon petition under the regular procedure, the court has jurisdiction to determine both the fact and time of the death of the deceased.</p> <p>Executors and Administrators — Appointment — Decree — ConcLusrvENESs — Presumptions—Fact op Death. A decree upon issuing letters of administration, adjudging the fact and time of death, is prima facie proof of the facts determined, in a subsequent action in which the administrator defends in his representative capacity.</p> <p>Same. Such a decree, reciting that it was entered upon proof taken, is not based upon any presumption of death from continued absence; and the evidence not being in the record and no appeal taken, the correctness of the judgment cannot be inquired into.</p> <p>Same — Appointment—Decree—Conclusiveness — Pact of Death • — Parties Bound — Creditors. A creditor of an estate, as to whom notice to creditors was published, is so far a party to the probate proceedings as to be bound by the decree adjudging the fact and time of the death of the deceased, especially where he had filed a claim against the estate and the same had been allowed.</p> <p>Subrogation- — Payment of Liens — Rights of Mortgagee — When Volunteer. Upon failure of proof as to the execution of a mortgage, in a foreclosure action, plaintiff is not entitled to subrogation to the extent that money obtained on the mortgage was used to discharge liens on the property; as he was but a volunteer in paying taxes and judgment liens to clear the title for the benefit of his security.</p>