Northern Pacific Railway Co. v. Smith

Citations

• 68 Wash. 269
• 122 P. 1057
• 1912 Wash. LEXIS 1279

Syllabus

<p>Appeal — Record—Statement of Facts — Service. On appeal from a judgment entered January 7, tbe mailing of a proposed statement of facts on February 6 in ample time to reach its destination on the same day is a sufficient service within the thirty days limited by law.</p> <p>Eminent Domain — Appeal—Necessary Parties — Notice. On appeal from a judgment awarding to claimants the money deposited for the land condemned, service of the notice of appeal need only be made upon the parties appearing and claiming the deposit.</p> <p>Adverse Possession — Evidence—Sufficiency. Testimony of a witness that one S. was in possession of real estate in 1900, but that witness did not know of his own knowledge anything about the possession prior to 1902, is insufficient to show actual, open, and continuous possession under a claim of right for ten years prior to April 22, 1900; as the same does not show possession for the required time, and is not reasonably direct and certain as to all the requisite elements.</p> <p>Deeds — Title Conveyed — Interest Outside Chain of Title. A connected title from the government is not shown, where the patent was to the heirs of the original entryman, there appearing to be two sons, and the title in question was derived from only one of them.</p> <p>Adverse Possession — Title—Tax Title — Presumption. Since an action to quiet title is the remedy against one out of possession, where an action of ejectment to oust one claiming under a tax title was dismissed, there is a presumption that the tax claimant was in possession and that the tax title had not lapsed, the tax deed being regular on its face and admitted in evidence without objection.</p> <p>Taxation — Tax Deed — Validity—Description — Clerical Error. A reference in a tax deed describing land in Cowlitz county as being in township 10 west, instead of 10 north, is manifestly a clerical error which would not invalidate the deed.</p> <p>Execution — Sale—Title Acquired. Where land was sold under execu