Alverson v. Hooper

Citations

• 108 Wash. 510
• 185 P. 808

Syllabus

<p>New Trial (40)—Grounds—Newly Discovered Evidence. It is not an abuse of discretion to refuse a new trial for newly discovered evidence as to the falsity of testimony given, where it came to the party’s knowledge before the close of the trial and was not disclosed or made known until long afterwards; especially where it would only have been cumulative and at best of little weight.</p> <p>Evidence (102, 105)—Declarations as to Boundaries—Hearsay —Oral Statements. Upon an issue as to a disputed boundary line, evidence of declarations of a former owner are inadmissible, where such owner was living and could have been produced to testify, his statements having been made only a few days before.</p> <p>Adverse Possession (25) —Extension to Pences. Although a fence was erected under a mistake of fact as to the true location of the boundary, exclusive possession under claim of right to such fence for seventeen years ripens into title by adverse possession.</p>