Crodle v. Dodge

Citations

• 99 Wash. 121
• 168 P. 986
• 1917 Wash. LEXIS 1020

Syllabus

<p>Cancellation of Instruments—Deeds—Mutual Mistake—Want of Consideration. Where a simple, unlettered, inexperienced girl, within a few weeks after attaining her majority, was induced, without consideration, to convey her interest in her mother’s estate, upon a request to sign a paper merely authorizing her aunt to manage and control the property until other heirs became of age, the deed of conveyance failed to express the true intent of either of the parties, and is open to attack upon the ground of mutual mistake.</p> <p>Estoppel—Laches—Delay Short of Limitations. Mere delay short of the statute of limitations by an heir in bringing suit to recover an interest in land, will not operate as an equitable estoppel, where no adverse equities have arisen in the interim, the claim was known to those claiming adversely, and there was no fraud or bad faith.</p> <p>Use and Occupation—Rents and Profits—Waste—Accounting. There is no right to an accounting in favor of one who gave control of farm property to an aunt, permitting her to occupy the same and use the proceeds, for a considerable period without any demand for an accounting; except as to waste by the removal of timber, as to which the right to an accounting must be recognized, where suit to recover the property was seasonably commenced.</p>