Mielke v. Miller

Citations

• 100 Wash. 119
• 170 P. 143

Syllabus

<p>Quieting Title—Evidence — Sufficiency. In an action to quiet title to land under tbe claim that tbe initial payment was made by plaintiff’s parents under an agreement that, on its repayment, the land was to be given to tbe son, findings for tbe defendant are sustained, where tbe testimony as to such repayment and tbe making of subsequent payments was uncertain and unsatisfactory.</p> <p>Adverse Possession—Hostile Possession. A suit to quiet title to land by virtue of adverse possession cannot prevail against a defendant claiming only a remainder, with right of possession in abeyance, plaintiffs being in possession with tbe consent of tbe bolder of a life estate.</p> <p>Appeal—Review—-Matters Not Raised Below. Where an action to quiet title was tried out on tbe theory of title by virtue of adverse possession, tbe plaintiff cannot, for the first time on appeal, advance tbe theory of ownership by virtue of a resulting trust.</p>