Ferrell v. Lord

Citations

• 43 Wash. 667
• 86 P. 1060
• 1906 Wash. LEXIS 767

Syllabus

<p>Quieting Title — Unoccupied Land — Remedy. An action to quiet title cannot be dismissed on the theory that the land was occupied and ejectment the proper-remedy, where the evidence established that the land was unoccupied when the suit was commenced.</p> <p>Adverse Possession — Cotenant—Action to Quiet Title — Limitation. Where the mother and wife died possessed of an interest in community real property, the husband and father and his successors in interest are not prevented from claiming title against the children of the deceased mother, on the theory that he was a tenant in common and had never ousted the children, where it appears that none of the children had heen under disability or had been in possession of the land for more than ten years prior to the commencement of their action to quiet title.</p> <p>Quieting Title — Laches—Limitations—Equity. In an action to quiet title, laches or long acquiescence in the assertion of rights, for a time less than that prescribed by the statute of limitations, may be held a bar to the action, by virtue of the inherent power of a court of equity to discourage ancient demands.</p> <p>Equity — Laches—Stale Demands. A suit by children to quiet title to land, claimed by descent from their mother, which was commenced fourteen years after her death, thirteen years after the execution of a mortgage by their father, who claimed the full title, and seven years after the foreclosure of the mortgage, during which time plaintiffs asserted no claim and paid no taxes, all having knowledge of adverse claims and acts of ownership, is properly dismissed as a stale demand, and for laches and unexcusable delay.</p>