Packscher v. Fuller

Citations

• 6 Wash. 534
• 33 P. 875
• 1893 Wash. LEXIS 330

Syllabus

<p>LIMITATION OF ACTIONS — WHEN TIME BEGINS TO RUN — BOUNDA RIES — HOW ASCERTAINED.</p> <p>Under the statute of 1881, which reduced the limitation for the commencement of actions to recover the possession of real estate from twenty to ten years after the accrual of the cause of action, a party whose action had not been barred under the old law has the full period of ten years after the taking effect of the act of 1881 in which to commence such action, although the time had begun to run under the former law.</p> <p>The patentee from the government, of the northeast quarter of a certain section, which was described as containing 160 acres of land, made conveyances thereof as follows: To one grantee, a tract commencing 30 rods south of the northeast corner of the northwest quarter of the northeast quarter of said section, thence 8 rods west, thence 20 rods south, thence 8 rods east, thence 20 rods north to the beginning; to another grantee, a tract commencing at the northwest corner of the northeast quarter of the northeast quarter of said section, thence south 40 rods, thence east 20 rods, thence north 40 rods, thence west 20 rods to the beginning. Both grantees claimed a strip of land averaging eighteen feet in width. In an action by one for possession of said strip of land it was shown that none of the lines of said quarter section were one-half mile in length. Held, That the starting point for the survey of the two tracts in controversy should be the exact middle of the line between the northeast corner of the section ancj. the half-mile post set by the government surveyors, and that a line run south from that point would establish the boundary between the two tracts.</p>