Pennsylvania Co. v. City of Tacoma
Pennsylvania Co. v. City of Tacoma
Opinion of the Court
This is an action to quiet title. The following is a brief statement of the facts. The lots in controversy are situated within the corporate limits of the city of Tacoma. Taxes were levied against them for state and county purposes for the year 1895 and'prior years. In 1900 a certificate of delinquency for the taxes of 1895 and prior years was issued to Pierce county by its county treasurer. In 1901 and 1902, this certificate of delinquency was foreclosed, the lots sold, and a deed therefor
We have so often decided that the lien for general taxes is paramount to all other claims and liens, including the lien of assessments for local improvements, that the question is no longer an open one in this court. McMillan v. Tacoma, 26 Wash. 358, 76 Pac. 68; Keene v. Seattle, 31 Wash. 202, 71 Pac. 769; State ex rel. Craver v. McConnaughey, 31 Wash. 207, 71 Pac. 770; Ballard v. Way, 34 Wash. 116, 74 Pac. 1067. The fact that the local improvement assessment is payable in installments, and that some or all of the installments have not matured, can make no possible difference. The local improvement assessment, due or not due, is a charge against the property which will not be permitted to impede or interfere
The fact that the city of Tacoma was not made a party to the proceeding to foreclose the delinquency certificate does not change the rule. The law only requires that notice of the application for a tax judgment shall be served on the owner of the property, if known. If this requirement is complied with, the proceedings are in rem,. and the judgment binds, all the world. Lien claimants and others may preserve their rights by paying the taxes at any time before sale, but not otherwise.
The judgment of the court below is reversed, and the cause is remanded, with directions to enter a judgment in accordance with the prayer of the complaint.
Mount, O. J\, and Fullerton, Hadley, and Dunbar, JJ., concur.
Reference
- Full Case Name
- The Pennsylvania Company v. The City of Tacoma
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Taxation — Priority op General Taxes Over Local Assessment Liens — Installments Unmatured. The general lien for taxes is paramount, and a foreclosure thereof cuts off liens for local assessments, regardless of the fact that the local assessments are due in installments, some of which are not matured at the date of the foreclosure of the general tax. Same — Parties — Proceeding in rem — Municipality Bound. The foreclosure of a lien for general taxes is 'a proceeding in rem and subsequent liens for local assessments by a city are cut off, although the city was not made a party.