Morgan v. Northern Pacific Railway Co.

Citations

• 50 Wash. 480
• 97 P. 510
• 1908 Wash. LEXIS 767

Syllabus

<p>Adverse Possession — Hostile Character of Possession — Evidence — Sufficiency. The evidence is insufficient to establish title by adverse possession, but shows plaintiffs to have been mere squatters without claim of right or color of title, where it appears that the plaintiffs, husband and wife, at the time of trading off an interest in land in section 14 for a saloon, in 1883, were told by their vendee to go upon and build a house upon section 15, which was vacant railroad land; that they did so and made improvements and occupied the land until 1899, when ordered off by the railroad company, whereupon they applied for its purchase; that in view of their occupation and improvements, the company consented to sell the surface of the improved portion, reserving the coal deposit, and the plaintiffs, without making any claim to the land by reason of adverse possession, agreed to buy such portion for $400, paying $200 down and $200 later when deed was delivered therefor, four years prior to the bringing of suit to quiet title to the entire tract, including the coal deposits.</p>