Meyer v. Beyer

Citations

• 43 Wash. 368
• 86 P. 661
• 1906 Wash. LEXIS 707

Syllabus

<p>Landlord and Tenant — Unlawful Detainer — Right of Action-The summary action of unlawful detainer, authorized by Bal. Code, § 5525 et seq., for the recovery of the possession of leased premises cannot be maintained unless the conventional relation of landlord and tenant exists between the parties.</p> <p>Landlord and Tenant — Existence of Relation — Tenancy by Sufferance. The owner of the premises which had been sold under foreclosure is not shown to be a tenant by sufferance to one who took the title while rooming on the premises, pending proceedings to recover possession, where the owner never recognized the validity of the sale, or such title holder as landlord, hut maintained possession at all times under claim of ownership, and where such title holder made statements indicating that he took the same for the owner’s benefit, to whom he had attempted to convey the property.</p> <p>Appeal — Record—Statement of Facts. The refusal to allow an amendment to conform to the proof cannot be reviewed in the absence of a hill of exceptions or statement of .facts.</p> <p>Unlawful Detainer — Issues—Trial of Title. The title to property cannot he tried in an action of forcible entry and detainer.</p>