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Story November 17, 1904

Aberdeen Herald

Aberdeen, Grays Harbor County, Washington

What is this article about?

Washington Supreme Court reverses King County Superior Court decision vacating tax foreclosure judgment on South Seattle property, upholding presumption of jurisdiction based on foreclosure judgment's recitation of proper service.

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SUPREME COURT DECISION.

The Vacation of Judgment in Tax Suit Was Unwarranted.

The supreme court last week reversed the case of J. M. Nolan, appellant, vs. M. H. Arnot, respondent. The appeal was from a judgment of the superior court of King county vacating a prior judgment of foreclosure of tax certificates on South Seattle property and setting aside the tax deeds issued under such foreclosure proceedings on the ground that the publication of summons was insufficient.

The supreme court holds that inasmuch as the judgment of foreclosure recites that the notice and summons were regularly and duly served on the defendants, as the law in such cases requires, a presumption of jurisdiction of the person is raised which is not overcome by the fact that the record otherwise show no service of process. The lower court erred in vacating the judgment.

What sub-type of article is it?

Historical Event

What themes does it cover?

Justice

What keywords are associated?

Supreme Court Decision Tax Foreclosure Judgment Reversal Service Of Process

What entities or persons were involved?

J. M. Nolan M. H. Arnot

Where did it happen?

King County, South Seattle

Story Details

Key Persons

J. M. Nolan M. H. Arnot

Location

King County, South Seattle

Event Date

Last Week

Story Details

The supreme court reversed the superior court's judgment vacating a prior foreclosure of tax certificates on South Seattle property, holding that the foreclosure judgment's recitation of proper service raised a presumption of jurisdiction not overcome by lack of record evidence.

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