White v. McSorley

Citations

• 47 Wash. 18
• 91 P. 243
• 1907 Wash. LEXIS 699

Syllabus

<p>Quieting Title—Prima Facie Case. In an action to quiet title, a plaintiff in possession under record title is -entitled to judgment unless the defendant’s evidence overcomes or avoids such title.</p> <p>Vendor and Purchaser—Bona Pides—-Rights as to Third Persons. A purchaser from the record owner, for value and in good faith, without notice of an agreement that the record owner held title as security only, takes an absolute title in fee.</p> <p>Execution—Sales—-Title oe Purchaser—Quieting Title—Persons Entitled. An execution plaintiff who levies upon and purchases real property which his debtor had previously conveyed by an absolute deed, intended as security, but with power of sale, acquires no greater right than his debtor had; viz., the right of redemption or the right to the surplus after a sale; and therefore an innocent purchaser for value, from tne party holding the record title, may maintain an action to quiet his title as against such an execution sale, under Bal. Code, § 5500.</p> <p>'Appeal—Decision—Quieting Title—Liens eor Taxes Paid. The supreme court will not reverse a judgment quieting title in the plaintiff, on the ground that defendant was not allowed a lien for taxes or assessments paid, where that issue was not raised in the pleadings, as the liens can still he enforced against the property.</p>