Cox v. Tompkinson

Citations

• 39 Wash. 70
• 80 P. 1005
• 1905 Wash. LEXIS 818

Syllabus

<p>Descent and Distribution—Homestead—Death oe Wipe Prior to Issuance of Patent—Rights of Children. Where a married man makes a homestead entry, and, upon the death of the wife before making final proof, a patent is issued in his name, the children, as heirs of the mother, acquire a one-half interest in the land.</p> <p>Adverse Possession—By Tenant in Common—Notice to CoteN' ant—Sufficiency—Estoppel. The acts of a father are sufficient to imply hostility of title and to give publicity to nis claim of ownership, so as to confer title to the homestead by adverse possession as against his daughter, where two years after the death of his wife in 1886, he made final proof and received a patent, and, believing himself to be'the sole owner of the land, immediately thereafter dedicated streets and platted city lots, put them on the market, conveying by warranty deed, and maintained exclusive control over the property, and where the daughter stood by and saw valuable improvements made by the purchasers, and by the city in the streets, making no claim to the property, although receiving legal advice in 1891 as to her rights, until 1898, when she made deeds of her interest, but only for the purpose of clouding the title and compelling the owners to bring actions to quiet title; no verbal or written notice being necessary to start the running of the statutes against a tenant in common.</p> <p>Same—Payment of Taxes—Purchaser at Mortgage Foreclosure, Entry under a mortgage foreclosure sale is sufficiently adverse to start the running of the statute against one not a party to the suit, under Bal. Code, §§ 5503, 5504, conferring title by adverse possession upon the payment of taxes for seven years under claim of title made in good faith.</p>