Dicus v. Major

Citations

• 72 Wash. 398
• 130 P. 474
• 1913 Wash. LEXIS 1473

Syllabus

<p>Ejectment — Superior Title — Burden of Proof — Ouster. In ejectment, proof that plaintiff was in peaceable exclusive possession and was forcibly ousted by the defendants raises a presumption of superior title, and casts the burden of proof upon the defendants.</p> <p>Ejectment — Evidence—Sufficienct. In ejectment to determine a disputed boundary line, plaintiff’s prima facie case of superior title by reason of prior possession, supported by the fact that the adjoining owners had agreed upon the location and platted to the line claimed, is not overcome by proof that city officials had fixed the line four feet therefrom, where there was no evidence of the methods followed in the surveys made to determine the location.</p>