Brodack v. Morsbach

Citations

• 38 Wash. 72
• 80 P. 275
• 1905 Wash. LEXIS 1118

Syllabus

<p>Sales—Vendor and Purchaser—Real Property—Agreement to Sell Timber—License to Remove—Contracts—Construction. A contract whereby the owner of land “agrees to sell” the timber thereon, for which full consideration was paid at the time, is an executed one, and transfers the title to the timber, which thereupon becomes personal property, and the only interest of the grantee in and to the real estate is an implied license to enter and remove the timber.</p> <p>Same—Adverse Possession—Standing Timber—Seven Years’ Payment of Taxes—Good Faith—Notice of Sale of Timber,, Purchasers of land with full knowledge that the timber had been previously sold, do not acquire title to the timber by adverse possession and payment of the taxes for seven years, since their claim is not in “good faith” as required by Bal. Code, § 5503; their interest in the timber being limited to the right to have it revert if it is not removed under the contract of sale.</p> <p>Same. In such a case the promise of the vendor to secure a release of the timber contract does not affect the question of the “good faith” of the purchasers.</p> <p>Same—Action to Quiet Title—Issues Raised. In an action to quiet title to standing timber, a complaint based on seven years’ adverse possession by purchasers of the land, does not raise an issue as to the bar of the statute of limitations to the removal of the timber under a contract of sale prior to the purchase by plaintiffs.</p>