Heybrook v. Index Lumber Co.

Citations

• 49 Wash. 378
• 95 P. 324
• 1908 Wash. LEXIS 588

Syllabus

<p>Boundaries — Corners—Calls—Establishment. Where the quarter section corners on the north and south sides of a section are in place, the dividing line between the east and west halves is a straight line between the said corners, and not an adopted line run on the magnetic variation given by the government surveyor’s field notes.</p> <p>Same — Lost Corners. Where a quarter corner is lost, it must be located half way between the section corners.</p> <p>Tresspass — Casual Character — Cutting Timber. Where a boundary line between two quarter section corners is in dispute, a land owner who adopts a line run on the magnetic variation called for in the field notes, without resorting to a proper method for determining the true line, is guilty of voluntary and not a casual or involuntary trespass, if he cuts timber on the adjoining tract.</p> <p>Same — Joint Trespass — Parties—Joinder. Where a timber company and a mill company were both owned and managed by the same individuals and are practically one concern and both were interested in the business of the removal of timber constituting a trespass, they may be joined in one action for damages for a joint trespass.</p>