119 Wash. 375 | Wash. | 1922
— The purpose of this action is to quiet title to certain real property. The defendants responded to the complaint by an answer which contained admissions and denials and a cross-complaint in which they sought to have title quieted in themselves. The material allegations of the cross-complaint were denied
The respondent had acquired title to the property by deed on the 14th day of May, 1910. The appellants claim title by reason of a sheriff’s sale made after judgment in favor of the appellants and against one James Deaver. It is the contention of the appellants that James Deaver owned a beneficial interest in the property and that the respondent held the legal title for his benefit. The motion for judgment on the pleadings will be first considered.
The appellant contends that, by making the motion, the respondent waived his reply, and that, since the answer plead a good defense, he was entitled to judgment. The law with respect to a motion for judgment on the pleadings which is generally approved by the courts is well stated in 31 Cyc. 606, as follows:
“A motion for judgment upon the pleadings is in the nature of a demurrer. It is in substance both a motion and a demurrer. It is a demurrer for the reason that it attacks the sufficiency of the pleadings; and it is a motion for the reason that it is an application for an order for judgment. Like a demurrer it admits the truth of all well pleaded facts in the pleadings of the opposing party, it may be carried back and sustained against a prior pleading of the party making the motion, and the court will consider the whole record and give judgment for the party who, on the whole, appears entitled to it.”
Under this rule, when the motion is made the court will consider the whole record and give judgment for the party who appears entitled thereto. The party making the motion for the purpose thereof admits not only the allegations of his adversary, but also the un
Our attention has been directed to no case which holds that, where the plaintiff makes a motion and fails, the defendant is entitled to judgment when the complaint states a cause of action and the affirmative matter in the answer is denied by the reply.
Upon the merits, the trial court found that the respondent was the owner of the property and had been such owner since the 14th day of May, 19.10, which was long prior to the time when the judgment was rendered upon which the sale took place and through which the appellants claim title. The evidence would not sustain a finding that the respondent held only the bare legal title and that the beneficial interest was in James Deaver, the judgment debtor of the appellants.
The judgment will be affirmed.
Parker, O. J., Mackintosh, Holcomb, and ITovey, JJ., concur.