Wilkes v. Davies

Citations

• 8 Wash. 112
• 23 L.R.A. 103
• 35 P. 611
• 1894 Wash. LEXIS 21

Syllabus

<p>SALE Off SCHOOL LANDS — RECOVERY Off VALUE Off IMPROVEMENTS — RES JUDICATA —JUDICIAL NOTICE.</p> <p>Where school lands have been improved by a tenant, and the land afterward appraised by the county commissioners and. offered for sale, no appraisement of the improvements having been made, the tenant is entitled to the value of his improvements upon the sale of the land, and may recover therefor, although still in possession. (Hoyt, J., dissents.)</p> <p>The decision of the supreme court construing a statute, whether proper or not, is the law of the case in another action between the same parties, upon the same subject matter. (Hoyt, J., dissents.)</p> <p>Where the state of the pleadings is such that the plea of res Judicata cannot be interposed, and there is no opportunity to raise the point on the introduction of evidence, the court may, where both causes are matters of record in the court, take judicial notice thereof. (Hoyt, J., dissents.)</p>