Cullen v. Bowen

Citations

• 36 Wash. 665
• 79 P. 305
• 1905 Wash. LEXIS 647

Syllabus

<p>Fires — Negligence—Defenses—Title to Property Destroyed— Possession Sufficient Without Title. In an action for the value of buildings, crops, and personal property destroyed by a fire negligently set out by an adjoining land owner, the defendant can not assert want of title in the plaintiff, who was in the adverse possession of the land when the crops were raised, and of the personal property, claiming the same under a will from her deceased husband, whether the will was valid or not.</p> <p>Same — Evidence of Possession — Void Will. In such a case a will bequeathing all the community property to the plaintiff, even if void as to other heirs, is competent to show the nature of the plaintiff’s possession, where it had not been questioned for over four years by any of the parties interested.</p>