Wingard v. Heinkel

Hunter, J. —

This appeal arises from an equitable action for money had and received, instituted by Leo L. Wingard, plaintiff (appellant), against Pierce County, defendant (respondent), in September, 1964. An alternative claim was made to quiet title to certain real property in Pierce County, but this portion of the complaint was abandoned at trial. George and Louise Heinkel, record owners of the property in question, were thereafter dismissed.

The facts of this case are as follows: On December 1, 1961, the plaintiff purchased what he thought was the Heinkel property at public auction for…