Hamilton v. Witner

Citations

• 50 Wash. 689
• 97 P. 1084
• 1908 Wash. LEXIS 809

Syllabus

<p>Adverse Possession — Color of Title — Void Guardian’s Deed. An irregular or void guardian’s deed in partition proceedings constitutes color of title, within the meaning of the seven-year statute of limitations, Bal. Code, § 5503, where land is held under color of title and payment of taxes.</p> <p>Costs — Copies of Records — Trial on Agreed Pacts. Costs may be allowed for certified copies of deeds and records necessarily prepared before the trial, although subsequently the case was submitted on an agreed statement of facts.</p> <p>Appeal — Exceptions—Costs—Review—Míotion to Retax — Necessity. Objection to judgment for costs against plaintiff’s sureties on a cost bond, upon dismissal of an action of ejectment, may be first made on appeal without moving below to retax the costs, as no exceptions to a judgment are necessary.</p> <p>Appeal — Decisions Reviewaele — Amount in Controversy. The jurisdiction of the supreme court on appeal from a judgment for costs on dismissal of an action of ejectment is not affected by the amount in controversy, as only actions for the recovery of money or personal property are controlled thereby.</p>