28 Wash. 87 | Wash. | 1902
The opinion of the court was delivered by
— -In February, 1901, the appellant city commenced suit against one Boxmeyer and wife to foreclose a street assessment lien against the property in controversy, which was admittedly then owned by the Boxmeyers. Ho lis pendens was then or afterwards filed. On April 23, 1901, prior to the rendering of the judgment in the foreclosure suit, the Boxmeyers deeded the land in
“Ho. 1333. Ballard, Wash., June 5, 1901.
City of Ballard. Total $53.83.
Received from O. R. Boxmeyer, Fifty-three and 83-100. Dollars for Street Improvement Tax of Lot 5, Block 20, Gilman Park Addition, Post Street.
Ordinance Ho. 326. (Signed) F. M. DeMoss,
Treasurer of the City of Ballard.”
The $53.83 comprised the amount due on the tax, with the accrued penalty and interest. On the 13th of May, a judgment was entered by default against said Boxmeyer and wife, foreclosing said assessment. This, of course, was prior to the payment of the assessment and the reception of the receipt by Boxmeyer. After the assessment had been paid, the city of Ballard proceeded to enforce the whole of the said judgment, and advertised to sell the said lot, on July 13, 1901, for the full amount of said judgment, which included said street assessment, interest, penalty, costs, and attorney’s fees in the sum of $25. This action was brought to enjoin the city and sheriff from selling said property; the complaint alleging the matters and things above stated, and, further, that the respondents, in purchasing the property, had no notice of the judgment in the foreclosure suit. A demurrer was interposed to the complaint on the ground that it did not state a cause of action, which demurrer was overruled; and upon trial, judgment was rendered in favor of respondents.
The testimony fully sustains the findings of fact, and the judgment will he affirmed.
Reavis, G. J., and Mount, White, Hadley, Fullekton and Andeks, JJ., concur.