Wilson v. Korte

Citations

• 91 Wash. 30
• 157 P. 47
• 1916 Wash. LEXIS 1005

Syllabus

<p>Vendor and Purchaser — Contract—Abstract Showing Title— Construction — Defects Cured by Tax Title. Since a contract calling for a warranty deed conveying good title, as shown by a complete abstract of title, only calls for a marketable title or one reasonably free from reasonable doubt, an abstract showing an independent title by the foreclosure of a general tax lien cures prior defects in the chain of title, including an ancient unreleased mortgage, where the statute of limitations has run against setting the tax title aside; in view of Rem. & Bal. Code, § 9230, making a general tax lien superior to all other liens, and Id., § 162, starting the running of the statute of limitations against the same.</p> <p>Same — Contracts—Abstract—Defects — Unpaid Taxes. A vendor’s contract to convey free and clear of all incumbrances is not breached by the existence of unpaid taxes prior to the delivery of the deed, which was not forthcoming until the full purchase price was paid, since they were then removable; nor where the parties submitted the title to adjudication and the taxes were paid before the trial.</p>