Whitaker v. Ellis

Citations

• 102 Wash. 43
• 172 P. 881

Syllabus

<p>Insane Persons—Actions Against—Defenses—Pleading. Purchasers at a tax sale and sale under execution of property of an incompetent person, suing to quiet title, must recover on the strength of their own title; hence defendant’s guardian ad litem, may rely on general denials without pleading affirmative defenses.</p> <p>Appeal—Review—Harmless Error—Technicalities. Where a case was fully tried on denials, error cannot be predicated upon defendant’s failure to plead his affirmative defenses, as the objection is technical, and under Rem. Code, § 307, must be disregarded.</p> <p>Taxation—Tax Sales—Bona Fide Purchaser—Insane Person. Where property of an insane person was bid in at tax and execution sales, pursuant to negotiations between the insane person and persons who were bound to pay the taxes, who procured friends to bid in the property at much less than it was worth, and caused the same to be transferred to another friend who knew the entire situation, the latter was not a purchaser in good faith, and could acquire no rights by virtue of the negotiations had with the insane person.</p> <p>Taxation—Tax Sales—Property of Insane Person — Redemption—Reimbursement of Purchaser. Persons bidding in the property of an insane person at tax sale, under unwarranted negotiations with the insane owner, while unable to hold the land, are entitled, in an equitable suit, to be reimbursed for the amount of the taxes paid; especially in view of Rem. Code, §9259, relating to the redemption of the lands of insane persons sold for the nonpayment of taxes by the reimbursement of the purchaser.</p>