Delacey v. Commercial Trust Co.

Citations

• 51 Wash. 542
• 99 P. 574
• 1909 Wash. LEXIS 1228

Syllabus

<p>Public Lands — Settlement—Rights Conferred — Husband 'and Wipe. Settlement on government land by husband and wife confers no community interest.</p> <p>Same — Adverse Possession — Limitations. An entryman on public lands cannot, pending a contest, set the statute of limitations in motion by claiming adverse possession.</p> <p>Same — Contests—Judgment—Parties Concluded — Wife of Entryman. The wife of an entryman, who makes settlement on public land with him, is in privity with her husband as to a contest waged by him before the land department for the issuance of a patent; and upon the deciding of the contest against the entryman and his abandonment of the property, the wife, continuing to hold possession, does not hold under color of title or claim of right.</p> <p>Ejectment — Parties. Where a contest in the land department has been decided adversely to an entryman in possession, his wife is not a necessary party defendant to an action of ejectment.</p> <p>Judgment — Parties Concluded — Husband and Wife. Where a contest in the land department has been decided adversely to an entryman in possession, his wife and members of his family claiming through or under him are concluded by the decision of the department.</p> <p>Ejectment — Title. The plaintiff in ejectment must recover upon the strength of her own title rather than on the weakness of the defendants’.</p>