legal or equitable defense (Washington) · Go Syfert
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legal or equitable defense in Washington

9 Washington opinions name it 2 courts 1910–2024 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Bavand v. OneWest Bank, FSBgreen
washctapp · 2013 · cited in 3 Washington opinions naming this issue, 2016–2021
2 sentences

2021A quiet title action is equitable and “‘designed to resolve competing claims of ownership’ to property.” Bavand v. OneWest Bank, F.S.B., 176 Wn.

2018“It is a long-standing principle that ‘[a] plaintiff in an action to quiet title must succeed on the strength of his own title and not on the weakness of his adversary.’” Bavand, 176 Wn.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Nyman v. Erickson neutral
wash · 1918
2 sentences

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
Rohrbach v. Sanstrom neutral
wash · 1933
2 sentences

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
Lewis v. City of Seattle green
wash · 1933
2 sentences

2013Under RCW 7.28.120, "[t]he plaintiff in [a quiet title action] shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff's claims; and the superior title, whether legal or equitable, shall prevail." 98 Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Ecklev v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Rohrbach v. Sans

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
City of Centralia v. Miller green
wash · 1948
2 sentences

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
Eckley v. Bonded Adjustment Co. green
wash · 1948
2 sentences

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
Desimone v. Spence neutral
wash · 1957
2 sentences

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

2013Under ROW 7.28.120, “[t]he plaintiff in [a quiet title] action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims; and the superior title, whether legal or equitable, shall prevail.” Desimone v. Spence, 51 Wn.2d 412, 415 , 318 P.2d 959 (1957) (emphasis added) (citing City of Centralia v. Miller, 31 Wn.2d 417 , 197 P.2d 244 (1948); Eckley v. Bonded Adjustment Co., 30 Wn.2d 96 , 190 P.2d 718 (1948); Lewis v. City of Seattle, 174 Wash. 219 , 24 P.2d 427 (1933); Ro

22013–2013
Kobza v. Tripp green
washctapp · 2001
1 sentence

2024Quiet title actions are governed by RCW 7.28.010, which states in relevant part, “Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action . . . against the person claiming the title or some interest therein, and may have judgment in such action quieting or removing a cloud from plaintiff’s title.” The plaintiff “shall set forth in [their] complaint the nature of [their] estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff’s claims.” RCW 7.28.120. “[T]he super

12024–2024
Christensen v. Ellsworth green
wash · 2007
1 sentence

2016In making this determination, the court must decide whether “there is a substantial issue of material fact as to whether . . . the [landlord] is entitled to other relief as is prayed for in [the] complaint... or [whether] there is a genuine issue of a material fact pertaining to a legal or equitable defense.” 4 Id. ¶14 At the center of this case are provisions of Seattle’s JCEO.

12016–2016
Indigo Real Estate Services, Inc. v. Wadsworth green
washctapp · 2012
1 sentence

2016In making this determination, the court must decide whether "there is a substantial issue of material fact as to whether ... the [landlord] is entitled to other relief as is prayed for in [the] complaint ... or [whether] there is a genuine issue of a material fact pertaining to a legal or equitable defense." Id. 4 At the center of this case are provisions of Seattle's JCEO.

12016–2016
Allen v. Higgins neutral
wash · 1894
2 sentences

1910Section 794 provides that “the defendant shall not be allowed to give in evidence any estate in himself dr another in the property, or any license or right to the possession thereof, unless the same be pleaded in his answer.” In Allen v. Higgins, 9 Wash. 446 , 37 Pac. 671 , 43 Am.

1910Section 794 provides that “the defendant shall not be allowed to give in evidence any estate in himself dr another in the property, or any license or right to the possession thereof, unless the same be pleaded in his answer.” In Allen v. Higgins, 9 Wash. 446 , 37 Pac. 671 , 43 Am.

11910–1910

Statutes the citing opinions construe

WA § Wash. Rev. Code § 7.28.120 (5) WA § Wash. Rev. Code § 7.28.010 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 38 (1863–2025) CA 13 (2017–2025) AR 9 (1898–2013) WA 9 (1910–2024) AZ 8 (1888–2024) MI 6 (1933–2023) MN 5 (1911–2008) CO 5 (1966–2003) TX 5 (1915–2020) NE 3 (1894–1902) IL 3 (1906–1930) OH 3 (1870–2026) MD 2 (1973–2004) MS 2 (2009–2010) OK 2 (2017–2017) MO 2 (1882–1902) OR 2 (1898–1919) IN 2 (1891–1900) DE 2 (1919–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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