Lundell v. Allen & Nelson Mill Co.

Citations

• 57 Wash. 150
• 106 P. 626
• 1910 Wash. LEXIS 716

Syllabus

<p>Boundaries — Descriptions—Calls—Courses and Distances. In a description in a deed in which a calculation of the north measurement of an irregular meander showed a total width of 1080 feet, while the south measurement called for a distance of 1020 feet, to the place of beginning, the end measurements control a call for parallel lines on the east and west sides of the tract, and such lines cannot be parallel (Rudkin, C. J., and Parker, J., dissenting).</p> <p>Ejectment — Evidence—Burden of Proof — Sufficiency. In ejectment, the burden is upon the plaintiff to establish his title; and he fails to do so, as regards a disputed boundary line, where it appears that the line is not located on the ground, and it is reasonably certain defendant is not occupying any of plaintiff’s land, plaintiff’s main contention being for a sixty-foot overlapping strip, under a deed subsequent to defendant’s deed.</p>