Davies v. Wickstrom

Citations

• 56 Wash. 154
• 105 P. 454
• 1909 Wash. LEXIS 865

Syllabus

<p>Boundaries — Description—Conflicting Calls. Where courses and distances are conflicting, there is no invariable rule that one should control the other, or that calls are controlling in their order, if there are other aids in determining the intent of the parties.</p> <p>Same — Construction by Parties. Where the calls in a description are conflicting, the construction placed thereon by the parties in locating the lines on the ground may be resorted to, and is conclusive as between the parties.</p> <p>Same — Construction by Parties — Notice—Bona Fide Purchaser. The building and maintenance of a line fence, with adverse possession of the land inclosed, under the consent of the grantor and his successors in interest, is sufficient to put a purchaser upon inquiry as to the contemporaneous construction placed by the parties upon conflicting calls in the description.</p> <p>Adverse Possession — Evidence—Sufficiency. Title by adverse possession is shown where it appears that the purchaser inclosed the land by a fence upon the supposed line in 1895, at- once starting a clearing, set out an orchard in 1896 and cared for the trees ever since, and maintained the fence and used the land for ten years continuously, at all times claiming to own it.</p>