Lewis v. Mauerman

• Decision Date: 07 May 1904
• Parties: LEWIS v. MAUERMAN et ux.
• Court: Washington Supreme Court

76 P. 737

35 Wash. 156

LEWIS v. MAUERMAN et ux.

Supreme Court of Washington

May 7, 1904

Appeal from Superior Court, Chehalis County; Mason Irwin, Judge.

Action by Eliza J. Lewis against Joseph Mauerman and wife. From a judgment in favor of defendants, plaintiff appeals. Reversed.

B. G. Cheney, for appellant.

W. H Abel, for respondents.

DUNBAR J.

This is an action brought by the appellant to quiet title to certain lands in controversy. The complaint alleges plaintiff's ownership in and possession of the lands; that the defendants claim some right, title, or interest in and to said lands adverse to plaintiff, and that the said claim is without any right whatever; and asks that the defendants be required to set forth the nature of their claim; that by decree it be declared and adjudged that the defendants have no estate right, title, or interest whatever in or to said land; that the title of the plaintiff thereto be declared and adjudged to be valid; that the title thereof be quieted as against any and all claims of any kind whatever, and that defendants be perpetually enjoined from asserting or setting up any estate right, title, or interest whatever in or to said land; and prays for costs and general relief. The answer, after denying the allegations of ownership and possession, alleges that on July 13, 1891, J. M. Lewis, for the benefit of the community consisting of himself and plaintiff, together with one W. H. Lewis, made, executed, and delivered to defendant Joseph Mauerman two certain promissory notes aggregating $300; that thereafter an action was duly commenced by defendant Joseph Mauerman as plaintiff against the said J. M. Lewis and the plaintiff in this action, and against W. H. Lewis, and that the result of said action was a judgment for $80, with interest thereon at 12 per cent. per annum from the date of said note until paid, and for $40 attorney's fees and $9.40 court costs; that thereafter and on July 27, 1901, execution was duly issued out of said court upon said judgment, and the sheriff of Chehalis county Wash., duly levied the same upon the land described in the complaint; that said lands at all times since July 13, 1891, up to the time of said lvey, has been and were then used by the said J. M. Lewis and Eliza J. Lewis, as community property; that thereafter the said lands were sold upon said levy and execution in due form of law, and regularly purchased at sheriff's sale by defendant Joseph Mauerman, for the sum of $465.80; that a certificate of such sale was duly executed and delivered to said Joseph Mauerman, by the sheriff of Chehalis county, on the 7th day of September, 1901; that the sale was on February 21, 1902, regularly confirmed by order of the court duly entered in said cause; and the defendants assert an interest in said lands as owners in fee, and allege that they were such owners at the time of the commencement of this action under and by virtue of such sale. The reply admits the commencement of the action set forth in the answer, the obtaining of the judgment, issuance of execution, levy, and sale of the lands and premises described in the complaint, and the order of court confirming said sale; but alleges that prior to the sale the plaintiff, with her husband, resided upon said lands and premises with their minor children, and claimed...