George v. Columbia & Puget Sound Railroad

Citations

• 38 Wash. 480
• 80 P. 767
• 1905 Wash. LEXIS 1194

Syllabus

<p>Ejectment—Adverse Possession—Pleadings—Answer—Weasiness os Adversary’s Title. Where, in an action of ejectment based solely on possessory right, the plaintiff fails to establish adverse possession, it is immaterial that the answer of the defendant did not contain a sufficient allegation of title, since the plaintiff must recover, if at all, on the strength of his own, and not on the weakness of his adversary’s title.</p> <p>Adverse Possession—When Not Continuous—Evidence—Judgment Off Restitution in Former Action—Res Adjudicata. In an action of ejectment in which the plaintiff relies solely upon adverse possession for ten years, a judgment of restitution against him in a former action of forcible entry and detainer, whether a bar tó the ejectment or not, is admissible and conclusive upon the point that plaintiff’s possession was not continuous, where in the former action it was established that during said ten years the premises were for five days in the peaceable possession of his adversary, and that he then unlawfully entered thereon.</p> <p>Adverse Possession—Color of Title—Entry Without Right— Evidence—Suebtciency. A finding that plaintiff acquired no title by adverse possession for ten years is sustained by the evidence where it appears that he entered without any right or color of title, although he cultivated, improved, and proved up on a homestead during the period, and made his residence on the land continuously for six years.</p>