Davis v. Oldakers

• Citation: 19 P. 150,3 Wash.Terr. 593
• Parties: DAVIS ET AL. v. OLDAKERS ET UX.
• Decision Date: 14 July 1888
• Court: Washington Supreme Court

19 P. 150

3 Wash.Terr. 593

DAVIS ET AL. v. OLDAKERS ET UX.

Supreme Court of Territory of Washington

July 14, 1888

Appeal from First district court.

Action by A. L. Davis & Son against A. Oldakers and wife to set aside a deed and subject the property to a judgment. There was a judgment dismissing the action, and plaintiffs appeal.

John B. Allen and D. J. Crowley, for appellants.

J. H. Lasater, for appellees.

ALLYN, J.

This is an action to set aside a sale and deed and subject certain property to a judgment of plaintiffs, heretofore obtained against A. Oldakers. Defendants answered that the property was really the property of Sebra Oldakers, the wife, although transferred to her by A. Oldakers at a later date; that appellants secured their claim by a chattel mortgage, (the security afterwards being lost), and set up the defense that such security was taken in full satisfaction of the debt originally due appellants. A reply was filed putting in issue the above facts. To this a demurrer was filed by defendants, and sustained by the court below, and the action dismissed.

It is sufficient to say that certain issue were squarely presented in the complaint, answer, and reply, and the action should not have been dismissed. The action of the court below is reversed, and the cause remanded for a trial on the issues thus joined.

JONES, C.J., and NASH, J., concur.