Louise Husted Church v. State

Citations

• 65 Wash. 50
• 117 P. 711
• 1911 Wash. LEXIS 896

Syllabus

<p>Tenancy in Common- — Ouster—Disseizin—-Adverse Possession— Waters and Water Courses — Termination. Where one tenant in common of the right to use certain springs conveyed the whole title by warranty deed to a stranger, who immediately took exclusive, open, and notorious possession, and maintained the same for the statutory period without any adverse use of the springs being made or claimed by the other cotenants, the right of the cotenants to use the springs is terminated by disseizin, ouster, abandonment, nonuser, and adverse possession.</p> <p>Waters and Water Courses — Actions—Evidence. In an action to establish the right to use springs, claimed by defendant through adverse possession, plaintiff’s evidence of an intention not to abandon the springs is inadmissible where he did not succeed to his title until after defendant’s title had ripened.</p>