Hoffman v. Titlow

Citations

• 48 Wash. 80
• 92 P. 888
• 1907 Wash. LEXIS 860

Syllabus

<p>Vendor and Purchaser — Remedies of Vendee — Recovery of Payment — Defenses—Title—Adverse Possession. A contract for the purchase of real estate calling for an abstract showing perfect title may be rescinded by the vendee and payment made recovered, where the abstract shows that a strip of the lot and a wall thereon had been conveyed to the adjoining owner, who asserted title thereto; and the fact that the adjoining owner had never used the same, and had paid no taxes, and that the vendors had been in adverse possession for the statutory period, is immaterial; since the purchaser may demand a title free from hostile claims and litigation.</p> <p>Same — Evidence—Corroboration—Admissibility. In an action to recover purchase money paid by a vendee, after his rescission of a sale for defect in the title, evidence in corroboration of the defendant’s statement that they offered to cure the defect sometime between the 22d and 25th of May, two years prior to the trial, is inadmissible when the witness cannot fix .the time of the corroborative circumstance except to state that it was “a couple of years ago, somewhere about that time. I think they were figuring on the sale of the property.”</p>