Metropolitan Building Co. v. Fitzgerald

Citations

• 122 Wash. 514
• 210 P. 770
• 1922 Wash. LEXIS 1155

Syllabus

<p>Quieting Title (25, 28)&emdash;-Pleading (149)&emdash;Title&emdash;Issues and Proof. In an action to quiet title, under a general allegation of ownership, plaintiff is entitled to show title by adverse possession.</p> <p>Quieting Title (25-28)&emdash;Pleading (149)&emdash;Title &emdash; Issues &emdash; Motion for Judgment. In an action to quiet title in which plaintiff alleged that it was owner, and defendants alleged they were owners and had record title, plaintiff’s reply denying on information and belief defendants’ record title is an admission of it, and does not entitle defendants to judgment on the pleadings.</p> <p>Adverse Possession (9)&emdash;Claim of Right&emdash;Actual Possession&emdash; Evidence&emdash;Sufficiency. Plaintiff’s title by adverse possession of a fifty-foot strip of land adjoining its property, is established where it appears that for more than thirty years it was occupied, improved, fenced and cultivated by plaintiff’s predecessors as part of their premises.</p>