Hurd v. Brisner
Washington Supreme Court
Appeal from Superior Court, King County. Action by George P. Hurd to recover possession of, and quiet title to, certain lots in tbe city of Seattle wbicb bad been purchased at tax sale in 1876 by plaintiff’s grantor. Tbe action was brought against Henry Brisner, who answered alleging bis possession as tenant of R. L. Hawthorne. Said Hawthorne was, upon application, made defendant in place of Bxisner, the tenant.
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Appeal from Superior Court, King County. Action by George P. Hurd to recover possession of, and quiet title to, certain lots in tbe city of Seattle wbicb bad been purchased at tax sale in 1876 by plaintiff’s grantor. Tbe action was brought against Henry Brisner, who answered alleging bis possession as tenant of R. L. Hawthorne. Said Hawthorne was, upon application, made defendant in place of Bxisner, the tenant. Trial by the court and judgment for defendant, whereupon plaintiff appeals.
1Opinion of the Court
The opinion of the court was delivered by
Dunbak, J.
The judgment in this action was based on the following facts found by the court: (1) That the original assessment roll for the year 1875 is not in the office of the county auditor of King county, and there is no testimony offered to explain the absence of said original assessment roll. (2) That there is no record or evidence showing that the sheriff demanded payment of thepersons ch argeable in the transcript certified to him by the county auditor.
At common law the burden of proof as between the owner and purchaser is upon the tax purchaser…
2Cases cited4 opinions
- Case v. DeanMichigan Supreme Court · 1867
- Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
- State Auditor v. Jackson CountySupreme Court of Alabama · 1880
- Sams v. KingSupreme Court of Florida · 1882
3Cited by8 opinions
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Dibble v. Bellingham Bay Land Co.Supreme Court of the United States · 1896
- Keller v. HawkSupreme Court of Oklahoma · 1907
- Hegar v. DeGroatNorth Dakota Supreme Court · 1893
- McInerney v. BeckWashington Supreme Court · 1895
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