Young v. Davis

• Court: Washington Supreme Court
• Writing for the Court: FULLERTON, J.
• Citation: Young v. Davis, 50 Wash. 504, 97 P. 506 (Wash. 1908)
• Decision Date: 06 October 1908
• Parties: YOUNG v. DAVIS et ux.

97 P. 506

50 Wash. 504

YOUNG v. DAVIS et ux.

Supreme Court of Washington

October 6, 1908

Appeal from Superior Court, Stevens County; D. C. Carey, Judge.

Action by J. H. Young against Edward Davis and wife. From a judgment for defendants, plaintiff appeals. Affirmed.

S Douglas, for appellant.

W. H Jackson, for respondents.

FULLERTON J.

The appellant, who was plaintiff below, began this action to quiet title in himself to certain real property situated in Colville, Stevens county, Wash. The respondents answered claiming title in themselves, which title they also asked to be quieted. On the issues made a trial was had before the court, which resulted in findings and a judgment in favor of the respondents. This appeal was taken therefrom.

The facts shown by the record, material to the inquiry here, are in brief these: On March 31, 1890, one W. H. Kearney, a bachelor, was the owner of the land in dispute, and on that day mortgaged the same to the Stevens county bank to secure the payment of a promissory note of $500 and interest, due 90 days after date. This mortgage was duly recorded in the auditor's office of Stevens county. Thereafter the bank became insolvent, and on September 12 1902, made a general deed of assignment of all its property including the mortgage and note above mentioned, to one John B. Slater. Slater entered upon the duties of his trust, and shortly thereafter began proceedings to foreclose the mortgage. Thereafter, and while the suit was pending, Slater resigned his trust, and one William J. Galbraith was appointed receiver in his stead. Galbraith continued the foreclosure proceedings, obtaining a decree and order of sale in the regular way on September 12, 1894, under which the property was sold to one Frank Fish on May 22, 1896. At the time of the sale a certificate of sale in due form was made out by the officer conducting the sale and delivered to Fish, also due return of the sale was made and filed in court, and the sale confirmed June 5, 1896. No notice of the pendency of the action was filed with the auditor, either by Slater or Galbraith, and Fish never recorded his certificate of sale. On July 15, 1903, one Ehorn procured a quitclaim deed to the land from W. H. Kearney, the original mortgagor, and on August 24, 1903, conveyed the property by deed to one H. M. Bollinger, who in turn conveyed to the appellant by deed dated October 19, 1906. Frank Fish, the purchaser under the foreclosure sale, died intestate in the state of Nebraska some time in the fall of 1896, without having parted with the interest he acquired by his purchase at the sale. He left surviving him a widow and one son as his sole heirs at law, who inherited his interests in the property. These interests were conveyed to the respondents by the son and widow, by deeds dated respectively, February 26, 1907, and March 20, 1907. Thereafter, on September 13, 1907, the sheriff of Stevens county executed and delivered to the respondents, as the successors in interest of Frank Fish, a sheriff's deed to the premises, pursuant to the foreclosure sale. In addition to the foregoing the evidence tended to show that Bollinger, after his purchase from Ehorn, entered into possession of the property, and remained therein for some three years, building a house and otherwise improving the premises. The land, however, was vacant and...