Hesser v. Siepmann

Citations

• 35 Wash. 14
• 76 P. 295
• 1904 Wash. LEXIS 408

Syllabus

<p>Adverse Possession — Payment of Taxes — Seven Year Limitation — Color of Title — Paper Title Essential. Bal. Code, §§ 5503-5504, providing for the obtaining of title to vacant land by the payment of taxes under color of title for seven years, has •no application unless the payment is supported by actual paper title.</p> <p>Adverse Possession — Pleading—Complaint—Hostile Claim Shown. A complaint alleging actual, open, notorious, and adverse possession, under color of title and claim of right, is not insufficient as failing to show hostile or exclusive possession.</p> <p>Adverse Possession — Claim of Right — Sufficiency Without •Color of Title. Where a deed of a lot excepted the west twenty feet thereof, upon the erroneous supposition that said west twenty feet extended into the adjoining street, and the grantee took possession up to the line of the street, including the excepted portion, supposing it to he the land purchased, there was sufficient claim of right to support a title by ten years’ adverse possession without any color of title thereto, since such possession under -claim of right is sufficient without color of title.</p>