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· 4/19/1909

McNaught-Collins Improvement Co. v. May

Citations

  • 52 Wash. 632
  • 101 P. 237
  • 1909 Wash. LEXIS 1168

Syllabus

<p>Adverse Possession — Claim op Right — Settlement on Public Lands — Mistake. The settlement without color of title upon government land, in good faith, believing it to be such when it in fact belonged to a private owner, is not such a taking under “claim of right” as would constitute an adverse possession; since there is, in its inception, no disseizin by possession adverse to the government, and no claim of right thereafter upon discovering the mistake (Overruling Johnson v. Conner, 48 Wash. 431, 93 Pac. 914).</p>

Judges: Dunbar

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