Noland v. Arnold

137 P. 801, 77 Wash. 363, 1914 Wash. LEXIS 906
CourtWashington Supreme Court
DecidedJanuary 8, 1914
DocketNo. 11410
StatusPublished
Cited by1 cases

This text of 137 P. 801 (Noland v. Arnold) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noland v. Arnold, 137 P. 801, 77 Wash. 363, 1914 Wash. LEXIS 906 (Wash. 1914).

Opinion

Parker, J.

This controversy first came into the superior court for King county in the form of three separate actions, instituted by the plaintiffs, seeking to quiet their title to different tracts of land claimed by the defendants Arnolds, Chamberlins, and Larsens, separately, under certain tax foreclosure proceedings, which they claimed divested the plaintiffs of title to the land. It appearing that the respective rights of the parties to these actions rested upon controlling facts in substance the same, the actions were, by order of the superior court, consolidated. Thereafter, new pleadings were filed, presenting the question of the superiority of the claim of title made by the plaintiffs as against the defendants, in substance as in the original actions. A trial upon the merits in the superior court resulted in judgment denying the relief prayed for, and a dismissal of the action. From this disposition of the cause the plaintiffs have appealed to this court.

While the contentions of counsel have to do with the question of the validity of the judgments rendered in the tax foreclosure proceedings under which respondents claim title and, also, the question of appellants’ laches following those proceedings, we conclude that the record before us calls for affirmance of the judgment upon the ground that the judgments rendered in the tax foreclosure proceedings were valid [365]*365and divested appellants of their title to the land. The facts controlling the disposition of this question are not in dispute.

In January, 1901, and for some years prior thereto, appellants were the owners of all the land here involved, consisting of five lots in the city of Seattle. Appellants having failed to pay the taxes thereon, and J. F. Bleakley having purchased and become the owner of tax certificates of delinquency against the lots, in January, 1901, he commenced five separate tax foreclosure proceedings against appellants upon his certificates of delinquency, in the superior court for King county. Appellants being residents of the state of Oregon, and it not being possible to serve them with summons in the tax foreclosure proceedings within this state, service was had upon them in each of those proceedings by publication in a newspaper published in King county, which publications were made once a week for six consecutive weeks, the first publication being on January 12, 1901, and the last being on February 23, 1901, all of the summonses being exactly alike as to form and contents, apart from the lot descriptions therein. Each of the summonses, as so published, in so far as we need here notice their contents, reads as follows :

“ ... You are hereby directed and summoned to appear within sixty (60) days after the service of this notice and summons upon you exclusive of the day of service, in the above named court, and defend the action, or pay the amount due ... J. F. Bleakley, Plaintiff.
Office and Postoffice Address : By H. H. Eaton,
Stevens Hotel, Seattle, Attorney for Plaintiff.
King county, Washington.
First publication Jan. 12, 1901; last Feb. 23, 1901.”

In so far as the language of the summonses, in the body thereof, directed appearance by the defendants, these appellants, they complied with the provisions of § 96, p. 182, Laws of 1897, being a portion of the revenue law of the state then in force, reading as follows:

[366]*366“Such notice shall contain— .
“3. A direction to the owner summoning him to appear within sixty days after service of the summons, exclusive of the day of service, and defend the action or pay the amount due.”

Section 97 of that law, which was also then in force, provided for the service of summons in tax foreclosure proceedings by reference to the general law relating to service of summons in civil actions, as follows: “Summons shall be served in the same manner as summons in a civil action is served in the superior court.” Section 96 of the revenue law was, in some respects, amended by section 13, p. 296, Laws of 1899, but remained unchanged so far as the above quoted provisions are concerned. The general law relating to the manner of service of summons by publication in civil actions, which has been in force since long prior to the commencement of these tax foreclosure proceedings, is found in Rem. & Bal. Code, § 233 (P. C. 81 § 159), and reads as follows, in so far as we are here concerned with its provisions:

“The publication shall be made in a newspaper printed and published in the county where the action is brought . once a week for six consecutive weeks: Provided, that publication of summons shall not be had until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication as aforesaid. The summons must be subscribed by the plaintiff or his attorney or attorneys. The summons shall contain the date of the first publication, and shall require the defendant or defendants upon whom service by publication is desired, to appear and answer the complaint within sixty days from the date of the first publication of such summons . .

This action, it will be noticed, relates not only to the manner of service in civil actions, but also to the contents of the summons in such actions. Whether § 97 of the revenue law above quoted makes, by reference, the provisions of Rem. & Bal. Code, § 233 (P. C. 81 § 159), relating to the contents of the summons, controlling in tax foreclosure proceedings, [367]*367in view of its specifically prescribed contents in § 96 of the revenue law, is a question we will notice later. The summonses in these tax foreclosure proceedings, we have noticed, were published the last time on February 23, 1901, so that, on that day, their service was complete and effectual, if they were sufficient in form and statement of their contents. On that day and prior thereto, there was no other law in force in the state of Washington relating to the contents and the service of summons by publication in tax foreclosure proceedings than that above quoted which need be here noticed. Thereafter, on March 20, 1901, there became effectual by virtue of the governor’s approval thereof, and by virtue of an emergency clause contained therein, an act of the legislature passed at the session of 1901, amending § 96 of the revenue law of 1897 so as to make the subdivision thereof above quoted to read as follows:

“Such notice shall contain .
“A direction to the owner summoning him to appear within sixty days after service of the summons, exclusive of the day of service, and defend the action or pay the amount due, and when service is made by publication a direction to the owner, summoning him to appear within sixty days after the date of the first publication of the summons, exclusive of the day of said first publication, and defend the action or pay the amount due.” Laws 1901, p. 384.

Not until the passage of this amendment of 1901, did the revenue law make any specific provision as to the contents of a summons which was to be served by publication in a tax foreclosure proceeding.

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Cite This Page — Counsel Stack

Bluebook (online)
137 P. 801, 77 Wash. 363, 1914 Wash. LEXIS 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noland-v-arnold-wash-1914.