Legal Opinion · Concurrence

Burdick v. Kimball

Washington Supreme Court

Decided May 15, 1909No. 7584Published

Appeal from a judgment of the superior court for King county, Morris, J., entered May 1, 1908, upon sustaining a demurrer to the complaint, dismissing an action to redeem real property from a tax sale.

1ConcurrenceChadwick, J.

(concurring) — I concur in the result, but not on the grounds upon which the opinion of the majority-rests. Whether in the form of the act of 1891 or in the form of the act of 1893, I believe that the intent of the legislature was to relieve all those under the legal disability of infancy, and not to except a class within a class. The strict construction adopted bv the majority would permit a redemption by a minor who took by inheritance, and deny that benefit to one who took by will or by deed. It is true that a strict definition of the words employed would bear out the conclusion of the…

2Cases cited1 opinion

  1. Thompson v. PriceWashington Supreme Court · 1905

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