Lauman v. Hoofer

Citations

• 37 Wash. 382
• 79 P. 953
• 1905 Wash. LEXIS 738

Syllabus

<p>Judgment — Res Adjudicata — Possessory Right to Mining Claim — Neither Party Entitled to. A judgment in a. former action to quiet title to the possessory rights of mining claims decreeing that neither of the parties were entitled to possession, is res adjudicata as to the parties and their successors in interest, as to their rights at that time, in subsequent litigation to quiet the title after a relocation of the claims.</p> <p>Mines and Mining — Relocation of Claim — Unoccupied Land— Findings — Review./ Where, immediately after entry of a judgment that neither of the parties had any possessory rights to mining claims, the plaintiffs relocated the same and did the necessary assessment w°rk, a finding that the relocations were upon unoccupied land, and entitled plaintiffs to possession, is sustained.</p> <p>Trial — Equity—Advisory Verdict — Harmless Error. The finding of a jury in an equity case is advisory, and any error in calling the jury is immaterial, where the court made findings supported by the evidence independently of the verdict.</p>