J. M. Weatherwax Lumber Co. v. Ray

Citations

• 38 Wash. 545
• 80 P. 775
• 1905 Wash. LEXIS 1205

Syllabus

<p>Quieting Title—Plaintiff Out of Possession—Demurrer— Waiver by Proceeding With Trial. An objection by demurrer that an action to quiet title cannot be brought by a party out of possession, against defendants who are in possession, is waived by answering on the merits and trying' out the issues, especially where defendants asked and obtained a trial by jury upon the issues involved.</p> <p>Judgment—Res Ad judicata. A judgment in a- former action is not res adjudicata where the parties and issues were not the same; and the question of former adjudication is one of law for the court.</p> <p>Adverse Possession—Timber Excepted Prom Deed. Adverse possession of land does not necessarily include possession of the timber, where the same was expressly excepted from the deed under which the parties claim.</p>