Mary M. Miller & Sons v. Simmons

• Decision Date: 24 February 1912
• Citation: 67 Wash. 294,121 P. 462
• Court: Washington Supreme Court
• Parties: MARY M. MILLER & SONS v. SIMMONS et al.

121 P. 462

67 Wash. 294

MARY M. MILLER & SONS v. SIMMONS et al.

Supreme Court of Washington

February 24, 1912

Department 2. Appeal from Superior Court, Kitsap County; John B. Yakey Judge.

Action to quiet title and for an injunction by Mary M. Miller & Sons against Alfred J. Simmons and others. Judgment for plaintiff and defendants appeal. Affirmed.

P. P Carroll and Carroll & Carroll, for appellants.

Tucker & Hyland, for respondent.

MORRIS J.

Respondent is a corporation, and brought this action to quiet its title to lands in Kitsap county, and to enjoin appellants from cutting timber and committing other acts of trespass thereon. Appellants answered, denying title in respondent and asserting title in themselves as heirs of Charles L. Simmons and Louisa D. Simmons, father and mother of appellants, in whom, it is alleged, the title to these lands rested at the time of their respective deaths prior to September 2, 1879 and attacking the validity of the probate proceedings in the estate of Charles L. Simmons, through which respondent claimed title. Respondent made reply to the affirmative defenses set up in the answer, pleading as res adjudicata a judgment in an action between the same parties, upon the same issues, in which respondent's title was quieted to lands in Chehalis county, adverse possession, laches, and various statutes of limitations. It also asserted the regularity and validity of the probate proceedings in the estate of Charles L. Simmons. The lower court sustained all of respondent's contentions, and this appeal is taken from its decree.

The conclusion we have reached renders it unnecessary to refer to all the facts questioned by appellants, since they play but little part in the determination of this appeal. In a general way, the history of the case is this: Charles L. Simmons, a white man, was possessed of these lands for many years prior to his death, intestate, September 2, 1879. Louisa D. Simmons was a full-blooded Indian woman, who died intestate June 15 1876. The record is silent as to the relation of these parties, other than that they lived together as husband and wife. On June 10, 1875, Charles L. Simmons executed a mortgage on the Kitsap county lands to W. W. Miller for $450, which mortgage and the note thereby secured were wholly unpaid at the time of Charles L. Simmons' death. Upon said death, William D. Baker was appointed administrator of the estate, and qualified as such. Mary M. Miller, having become the owner of this note and mortgage by assignment, presented her claim to Baker, as administrator, and the same was allowed and approved. The personal property being insufficient to pay debts, application was made for a sale of real property, and on June 14, 1880, an order of sale was entered in the probate proceedings, and on November 1, 1881, upon due notice, the land was sold, and Mary M. Miller became the purchaser. The sale was confirmed January 22, 1883, and on March 31, 1883, the administrator made his deed and delivered the same to Mary M. Miller, and the same was subsequently placed of record. At the time the probate court made its order of sale, a guardian ad litem was appointed for these appellants. Mary M. Miller took actual possession of the land in 1887, and so remained until October 24, 1894, when she passed the title to respondent, and said possession has since been maintained by it; respondent and its grantor, Mary M. Miller, having paid all taxes assessed against the property up to the time of the commencement of this suit. It is apparent that these facts in law are a sufficient answer to any contention of appellants as to the insufficiency or invalidity of the...