Chilberg v. Aiken

Citations

• 77 Wash. 249
• 137 P. 487
• 1914 Wash. LEXIS 883

Syllabus

<p>Cancellation of Instruments — Deeds—Fraud—Evidence—Sufficiency. In an action to cancel a quitclaim deed, findings tbat the deed was procured by fraud of the grantee are sustained, where it appears tbat, in platting an addition, tbe grantor bad unknowingly omitted a strip of land on tbe north side of bis tract eighteen feet wide at one end and thirty-nine feet wide at tbe other, containing over an acre, through a mistake as to the true location of his line; and that, in consideration of $20, he made the quitclaim of the strip to the adjoining owner on the north, in reliance on the representations of the grantee’s agent that the strip was but three feet wide at one end and ran to a point at the other, and that the deed was wanted to settle a dispute with a third person with whom the grantee was then on the verge of litigation, which representations were all false, the grantee knowing the size of the strip and that the grantor was ignorant thereof and desiring to promote instead of settle the litigation; the representation that it was to settle the litigation being one of the moving considerations for the deed.</p>