Grays Harbor Commercial Co. v. McCulloch

Citations

• 113 Wash. 203
• 193 P. 709
• 1920 Wash. LEXIS 836

Syllabus

<p>Adverse Possession (28) — Color of Title- — Deed From State. A deed of tide lands from the state constitutes, “claim and color of title” (though the state had no title) within the meaning of Rem. Code, § 788, relating to the adverse possession of land.</p> <p>Same (34) — Payment of Taxes. Where there has been double taxation by reason of the fact that the taxes were paid by both the true owner and the adverse claimant, the latter is not within Rem. Code, § 788, relating to the adverse possession of land by one who for seven years shall pay “all taxes legally assessed” on the land.</p> <p>Same (28) — Color of Title — Deducible From State. Rem. Code, § 786, relating to the adverse possession of land actually held for seven years by one having a connected title “deducible of record from the state or United States,” does not require a valid title from the state, and confers title by adverse possession under a state deed for the required period.</p> <p>Same (27) — Claim of Right. Claim of right in good faith is supplied by the fact that one went into possession by virtue of a deed from the state, and maintained actual, uninterrupted, open, notorious, hostile, and exclusive possession, notwithstanding that the deed was given by mistake and the state had no title to the land.</p> <p>Same (41) — Evidence—Sufficiency. Adverse, hostile possession of tide lands, deeded to a fisherman by the state, is shown where it appears that, although using the location for fishing under a fishing license, the grantee did everything with the property which it . was susceptible of, under claim of right, driving piles and removing piles driven by others, and commencing actions against those who invaded his rights.</p>