Hyde v. Britton

Citations

• 41 Wash. 277
• 83 P. 307
• 1906 Wash. LEXIS 953

Syllabus

<p>Partition — Evidence—Title op Plaintiff’s Predecessor — Two Persons op Same Name — Identity—Burden op Proof. In an action for partition, a finding that the plaintiff failed to show any title to the premises is sustained where it appears that the title was formerly held by J. W., of the city of S, that there were two persons in such city by that name, that J. W. had conveyed his interests, and the plaintiff claimed a half interest through heirs of the deceased wife of J. W., whose will made no mention of this property, which was not included in the inventory of the estate, and the plaintiff failed to show by the preponderance of evidence that the title was held by the J. W. who was the husband of the plaintiff’s predecessor in interest.</p> <p>Limitation of Actions — Partition—Title Within Ten Years. An action for the partition of real estate cannot he maintained where it appears that neither plaintiff nor his ancestor, predecessor or grantor, was seized or possessed of the premises at any time within ten years prior to the commencement of the action.</p>