McInerney v. Beck

Citations

• 10 Wash. 515
• 39 P. 130
• 1895 Wash. LEXIS 17

Syllabus

<p>EJECTMENT — TITEE OE PEAINTIEE — TITEE BY QUITCEAIM DEED— DEED TO DECEDENT’S ESTATE — ADVERSE POSSESSION — EVIDENCE — RIGHT OE DEFENDANT TO RECOVER TAXES PAID.</p> <p>Proof by plaintiff in an action of ejectment showing a perfect claim of title from the government to her husband, that he was dead, that plaintiff was his wife, that her husband had no other heirs living, and that there were no unpaid debts owing by his estate, is sufficient to establish a title in herself.</p> <p>If the grantor has title to land, a quitclaim deed is as effectual as a warranty deed in conveying the title.</p> <p>A tax deed executed to a decedent’s estate is void for want of a grantee.</p> <p>Adverse possession cannot be established by proof of a general understanding in the community that the property was reputed to belong to the claimant or his grantors, in the absence of testimony showing that the claimant had ever exercised any acts of ownership over it.</p> <p>One in possession of land unde'r color of title, who has resided thereon in good faith, is entitled on ejectment therefrom to recover taxes and street improvement assessments paid by him, when the owner has stood by and allowed the property to be so benefited without asserting title as against the occupant, and, under Code Proc., §• 534, may set off the value of improvements against the rental value*</p>