Stevens v. Doohen

• Decision Date: 28 July 1908
• Citation: 96 P. 1032,50 Wash. 145
• Parties: STEVENS et al. v. DOOHEN et al.
• Court: Washington Supreme Court

96 P. 1032

50 Wash. 145

STEVENS et al. v. DOOHEN et al.

Supreme Court of Washington

July 28, 1908

Appeal from Superior Court, Pierce County; M. L. Clifford, Judge.

Action by Edwin A. Stevens and others against John Doohen and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

McCormick & Lyle and Charles A. Murray, for appellants.

Boyle Warburton, Quick & Brockway, and Walter M. Harvey, for respondents.

MOUNT J.

This action was brought by the appellants to set aside a tax deed to quiet title, and to obtain possession of lot 23 in block 1707 in the city of Tacoma. It appears that the appellant A E. Stevens and wife acquired this lot in the year 1888. They paid no taxes on the lot after the year 1895. The taxes became delinquent for the year 1896 and subsequent years. On May 13, 1901, respondent John Doohen purchased a certificate of tax delinquency against the lot. Thereafter, in July of 1901, he brought an action to foreclose this certificate for taxes and interest amounting to $410.82. A summons describing lot 22 in the same block, was served upon the county treasurer, and a copy was published four successive weeks in the Tacoma New Herald. This summons was then changed, so as to describe lot 23, and was published three successive weeks in the same paper. The last publication was made on September 7, 1901. On that date the publisher of the paper made an affidavit that the summons describing lot 23 was published seven successive weeks, from July 20 to September 7, 1901. On July 18, 1901, an application was made for judgment. In this application the lot was described as lot 22, block 1707. On September 23, 1901, an order of default was entered, and on the same day a judgment was entered, which recites the following: 'This cause having this 23d day of September, A. D. 1901, been brought on to be heard upon the application for judgment foreclosing the tax lien filed herein, the plaintiff being represented by his attorney F. Campbell, and the defendant being in default, and his default entered, and upon proofs adduced it appearing to the court that the statements and allegations set forth in said application are true, the court finds as follows: First. That there is now outstanding an unredeemed certificate of delinquency numbered 383, issued on the 13th day of May, A. D. 1901, by the county of Pierce, state of Washington, for the amount of $56.74, the same being the amount then due and delinquent for taxes for the year 1896, together with penalty, interest, and costs thereon, upon said real property situate in said county, and particularly bounded and described as follows, to wit: Lot 23, block 1707, map of Tacoma, according to the recorded plat on file in the auditor's office of Pierce county, Wash. * * * Seventh. That summons and notice has been duly served in this proceeding as required by the statute of this state, and such statute complied with in all other respects pertaining thereto. It is therefore adjudged, ordered, and decreed that plaintiff herein be given judgment against the property hereinbefore mentioned, for the aforesaid amount of plaintiff's lien, with costs amounting to $420.17, which said judgment shall be a several judgment against each tract or lot, or part of a tract or lot, of land hereinbefore mentioned in the amount set opposite thereto as follows.' Then follows a tabulated statement of the taxes, interest, and costs itemized for the different years, and a description of the property, as 'lot 22, block 1707, map of Tacoma.' The decree concludes with an order upon the treasurer to sell 'the premises hereinbefore mentioned.' The county treasurer, pursuant to this order, sold lot 23, block 1707, in October, 1901, and John Doohen became the purchaser for the amount of the judgment. It is stipulated that the lot at that time was worth $450. Mr. Doohen took possession of the lot, and made certain...