Hanson v. Carr
| Decision Date | 28 November 1911 |
| Citation | 66 Wash. 81,118 P. 927 |
| Parties | HANSON et ux. v. CARR et ux. |
| Court | Washington Supreme Court |
Department 1. Appeal from Superior Court, King County; Mitchell Gilliam Judge.
Action by C. H. Hanson and wife against John W. Carr and wife. From a decree for defendants, plaintiffs appeal. Reversed and remanded, with directions to enter judgment.
L. H. Wheeler, for appellants.
Jas. W Carr, for respondents.
The plaintiffs brought this action to quiet their alleged title to a strip of land 30 feet wide, along the entire length of the south side of the northeast quarter of the northeast quarter of section 32, township 23 north, range 6 east, W M., claiming title thereto by mesne conveyance from the United States, and also by virtue of a tax judgment and sale made by the county of King in 1900 for delinquent taxes for the years 1890 to 1895, inclusive. Defendants claim an easement upon the land by grant from the owner prior to the tax sale, and by continuous use for more than 10 years. Upon the trial of the case, the court found that in August '1892, William Thomas, being then owner and holder of the legal title of the' 40 acres described above, 'conveyed unto John Stanton a strip of land, 30 feet in width, along the entire length of the south side thereof, to be used as a private road by said grantee, his heirs and assigns, and by said William Thomas, jointly; that by mesne conveyances the same was thereafter conveyed by said John Stanton and his grantees to the defendants herein; and that they are now, and were at the commencement of this cause, the owners and holders of the title to said private road.' Upon this finding a decree was entered, quieting title in the defendants and dismissing the plaintiffs' complaint. Plaintiffs have appealed.
It was conceded in the trial court, and is also conceded here, that the land was sold in the year 1900 upon a foreclosure of a tax lien for delinquent taxes for the years 1890 to 1895, inclusive, and that plaintiffs hold under a tax deed issued thereon. The validity of that foreclosure is not questioned, but it is argued by defendants that their easement, obtained by a grant from the owner of the land in 1892 and prior to the tax foreclosure proceedings, was not affected by such sale.
It is plain that this is not the rule, because the statute provides that all taxes imposed upon real estate shall be a lien thereon. 'The said lien shall have priority to and shall be fully paid and satisfied before any recognizance mortgage, judgment, debt, obligation or responsibility to or with which such real estate may become charged or liable.' Rem. & Bal. Code, § 9230. In short, the tax lien is paramount...
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