May v. Sutherlin

Citations

• 41 Wash. 609
• 84 P. 585
• 1906 Wash. LEXIS 1019

Syllabus

<p>Limitations op Actions — By Minor to Recover Real Property— Statute — When Begins to Run. Under Bal. Code, § 4809, tbe time during which the owner of land is a minor is not a part of the time limited by Bal. Code, §§ 4796, 4797, requiring actions for the possession of land to be commenced within ten years; and an action commenced within four years after the minor attains his majority is within time.</p> <p>Adverse Possession — Payment oe Taxes. Where title to land is claimed by adverse possession and the payment of taxes for seven years, under Bal. Code, § 5503, the claim of title must be made in good faith.</p> <p>Adverse Possession — Claim and Color oe Title — Good Faith— Purchase Pendente Lite. One who purchases land pending an action to recover possession and quiet the title and, after the judgment of a court of competent jurisdiction against his predecessor, holds possession in defiance of the judgment, is without color of title or good faith, although he was not served with process and no notice of Us pendens was filed.</p> <p>Lis Pendens — Action to Recover Possession oe Real Estate. Notice of the pendency of an action to recover the possession of real estate is not necessary under Bal. Code, §§ 5515, 5518, providing that such actions shall not be affected by alienation pendente lite, and that judgment as to the right of possession shall be conclusive on the parties, and those claiming under them after the commencement of the action, which sections are not superseded or controlled by the general statute, Bal. Code, § 4887, providing for the filing of notice of lis pendens in certain forms of actions.</p>