Legal Opinion

Holly v. Munro

Washington Supreme Court

Decided October 20, 1909No. 7714PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Stevens county, Carey, J., entered March 16, 1908, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to quiet title.

1Opinion of the CourtDunbar, J.

This is an action styled by the appellant, “an action to set aside a judgment obtained in tax foreclosure proceedings”; by the respondent, “an action to quiet title.” Whatever name may be applied to it, the complaint asked for relief upon the ground that the sale of the property, which was made for the collection of taxes, was made under a void judgment by reason of an insufficient summons, which it is alleged was void and of no force or effect; and that no other, further, or different summons was ever issued, filed, served, or published in said action. The defendants admit that the summons…

2Cases cited3 opinions

  1. Gould v. WhiteWashington Supreme Court · 1909
  2. Hauswirth v. SullivanMontana Supreme Court · 1886
  3. Young v. DrozWashington Supreme Court · 1905

3Cited by5 opinions

  1. Burns v. StolzeWashington Supreme Court · 1920
  2. Lutkens v. YoungWashington Supreme Court · 1911
  3. Carrie Spooner Case v. City of BellinghamWashington Supreme Court · 1948
  4. Hembree v. McFarlandWashington Supreme Court · 1909
  5. Wehr v. CraverWashington Supreme Court · 1915

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