Hruby v. Lonseth

Citations

• 63 Wash. 589
• 116 P. 26
• 1911 Wash. LEXIS 1249

Syllabus

<p>Boundaries — Deficiency—Apportionment. The grantee, first in time, of a portion, of a tract set off by metes and hounds, without references to other conveyances, is not required to yield any portion of his land to satisfy a deficiency in a subsequent overlapping grant from the common- grantor; the rule of apportioning excess or deficiency having no application.</p> <p>Boundaries — Practical Location — Evidence — Sufficiency. A practical location of a boundary line is not shown by mere notice that an adjoining owner made a private survey to establish the correct boundary, without proof that it was accepted or agreed to or that improvements were made with reference thereto.</p> <p>Appeal — Record—Exceptions to Findings. The evidence cannot he reviewed in the absence of exceptions to the findings of fact:</p>