McGrew v. Lamb

Citations

• 31 Wash. 485
• 72 P. 100
• 1903 Wash. LEXIS 655

Syllabus

<p>FORCIBLE ENTRY AND DETAINER-COMMENCEMENT OF ACTION-WHAT STATUTE GOVERNS.</p> <p>The provisions of Bal. Code, § 5532, requiring the filing of a complaint in actions of forcible entry and detainer prior to the issuance and service of the summons has been superseded by the subsequent enactment of the general law governing the commencement of actions and service of summons, as provided in Bal. Code, § 4869 et seq. (Security Savings & T. Co. v. Hackett, 27 Wash. 247, followed).</p> <p>SAME-PLEADING-SUFFICIENCY OF COMPLAINT.</p> <p>In an action of forcible entry and detainer, a complaint alleging entrance without right, by means of breaking open windows and doors, without permission of the owner and without color of title merely tenders an issue of right of possession, where it fails to embody in the complaint an abstract of plaintiff’s title, as required by Bal. Code, § 5550, and therefore fails to state a cause of action involving title.</p> <p>SAME-RIGHT OF POSSESSION.</p> <p>An allegation in a complaint that plaintiff is the owner of the fee simple is insufficient to show possession thereof, so as to warrant recovery in the sumfmary action of forcible entry and detainer.</p> <p>SAME-PLEADING AND PROOF.</p> <p>In an action to recover possession of land, an allegation in the complaint that plaintiff holds as owner is not supported by the admission of deeds showing a conveyance of the land to plaintiff’s grantor, and from the latter to plaintiff, when the deed to plaintiff’s grantor, though absolute on its face, was merely a mortgage to secure an advancement of money.</p>