Wiley v. Verhaest

Citations

• 52 Wash. 475
• 100 P. 1008
• 1909 Wash. LEXIS 1142

Syllabus

<p>Executors and Administrators — Husband and Wife — Community Property — Administration—Jurisdiction to Administer One-Hale — Collateral Attack. Upon the death of a wife, the court has jurisdiction to administer upon her undivided one-half interest in community real property, no objection being made, although the proceeding may be irregular and the proper course would have been to administer upon the entire community estate; and a sale of such half interest to pay community debts cannot be collaterally attacked for want of jurisdiction (Chadwick and Parker, JJ., dissenting).</p> <p>Vendor and Purchasers — Title oe Vendor — Objections by Vendee — Estoppel to Urge Defects — Action Perfecting Vendor’s Title —Specific Performance. Where purchasers of real estate had refused to accept a title because of defects in an administrator’s sale of the interests of minor heirs, yet insisted on holding possession and that the vendor perfect his title, they cannot, in an action brought by the vendor against all interested parties to quiet and assure his title and for specific performance, urge defects in the administrator’s sale which are not urged by the heirs after they were duly made parties to the action, and who failed to- except to, and are concluded by, findings in favor of the vendor, quieting his title; since the judgment declaring the vendor’s title perfect concludes all the parties in interest.</p>