Wick v. Rea

Citations

• 54 Wash. 424
• 103 P. 462
• 1909 Wash. LEXIS 1011

Syllabus

<p>Judgments — Conclusiveness — Recitals — Parties Bound — Strangers. The rule that recitals in a judgment are not subject to collateral attack where the court had jurisdiction, and there is nothing in the record to contradict the recitals, has no application as to strangers to the record not parties or privies; hence, where a tax title holder conveyed and warranted the title, his grantee, in an action on the covenant, may show failure of title by reason of defects in the summons.</p> <p>Taxation — Foreclosure — Process — Summons — Defects. The failure of a summons in a tax foreclosure to properly describe the property, as required by Bal. Code, § 1751, vitiates the tax judgment and sale, as the statute must be strictly pursued to obtain jurisdiction.</p> <p>Covenants — Seizin—Breach. A covenant of ownership in fee simple is one of seizin in praesenti, and is broken, if at all, when made.</p>