Coey v. Low

Citations

• 36 Wash. 10
• 77 P. 1077
• 1904 Wash. LEXIS 507

Syllabus

<p>Replevin — Source of Title — Pleading—Defenses—Showing Invalidity of Title Under General Denial. Where tbe plaintiff in an action of replevin alleges generally tbe ownership and right of possession of certain wheat, and at the trial claims by virtue of a written lease of the lands on which the wheat was raised, the defendants may show the invalidity of the lease under a general denial, since they need not anticipate the source of plaintiff’s title when the same is not disclosed by the complaint.</p> <p>Indians — Contracts—Leases—Approval by Indian Department. A lease of lands in the Cceur d’Alene Indian reservation from an Indian to a white.man is void unless approved by the Indian department.</p> <p>Replevin — Wheat Raised Under Invalid Lease ■— Possessory Rights — Indian Lease Not Approved by Department. Where the plaintiff leased lands in a reservation from the Indian owner by a written lease, which was void because not approved by the Indian department, and subsequently sublet the same on shares, furnishing the seed and paying for threshing the wheat raised, and his share was set aside for him by the sub-tenants, but the same came into the possession of the Indian owners of the land, claiming the right thereto, replevin will not lie in favor of the plaintiff on the theory that courts will protect the possessory right under such circumstances; since the plaintiff was never in the actual possession of the land or the wheat, and cannot claim constructive possession by virtue of an unlawful lease.</p>