Bryant Lumber & Shingle Mill Co. v. Pacific Iron & Steel Works

Citations

• 48 Wash. 574
• 94 P. 110
• 1908 Wash. LEXIS 920

Syllabus

<p>Adverse Possession — Color of Title — Deed Outside of Chain of Title. Adverse possession of shore land lots belonging to the state cannot be claimed to be under color of title by virtue of a deed thereof made by a third person who -was never in possession and was not shown to have ever had any title thereto.</p> <p>Ejectment — Title of Plaintiff. In an action of ejectment plaintiff must recover on the strength of his own title.</p> <p>Same — Prima Facie Title — Prior Possession. In an action of ejectment, where neither party had title, the plaintiff does not make out a case of prima facie title by prior possession by showing that defendants obtained permission of the plaintiff to continue an oecupancy, when it appears that defendants bad possession prior to the making of an unwarranted claim to the land by the plaintiff, who never had any possession.</p> <p>Landlord and Tenant — Existence or Relation. Permission to continue an occupancy of land already held, is not sufficient to show a tenancy, where the land was held eighteen years without the payment of rent.</p> <p>Adverse Possession — Against State — Payment oe Taxes. The payment of taxes for seven years upon shore land lots does not show title as against the state.</p>