City of Tacoma v. Gillespie

Citations

• 82 Wash. 487
• 144 P. 697
• 1914 Wash. LEXIS 1544

Syllabus

<p>Eminent Domain — Proceedings—Issues—Trial of Title — When to Be Determined. In condemnation proceedings, where the petition alleges that certain persons claim portions of the right of way-sought to be condemned, without right thereto, and such defendants appear and claim title by right of adverse possession and asked for a dismissal, it is proper for the court to try out the question of title by adverse possession, and determine the same, before submitting to the jury the issue as to the damages sustained hy owners of the property.</p> <p>Adverse Possession — City Right of Way — Permissive Use. The fact that persons living along a 66-foot city right of way for a water flume had fenced and maintained possession of portions of the strip, which was used by and in possession of the city for a flume line, does not establish title by adverse possession where their holding was permissive and not under an exclusive claim of right.</p>