The respondent commenced suit against the appellant in Pierce county, Washington, to set aside a certain deed which had previously been made to the appellant, involving lots 1 to 8, inclusive, block 26, Cascade Park addition to the city of Tacoma, Washington, and to quiet the title to such property in
The object of the independent action and the motion herein were identical — to secure the vacation of the judgment rendered herein. Our statutes appear to afford two processes for seeking the vacation of a judgment; one by motion in the original action, and the other by an independent equitable suit. The remedies are concurrent and the exercise of the one forecloses the use of the other. In the case of Boylan v. Bock, 60 Wash. 423, 111 Pac. 454, we said:
“ A person against whom a judgment is taken without jurisdiction may move against the judgment, or may prosecute an independent action to procure its vacation, but the two remedies are concurrent, and an adverse judgment in one proceeding is a bar to an action for similar relief under a different name or in a different form. This question has so often been decided by this court that it is no longer an open one.”
So in this case, the defendant, against whom the judgment ran, brought an independent action to vacate
The judgment of the lower court is affirmed.
