Philadelphia Mortgage and Trust Co. v. Palmer

Citations

• 32 Wash. 455
• 73 P. 501
• 1903 Wash. LEXIS 440

Syllabus

<p>APPEAL-NOTICE-SUFFICIENCY-DESIGNATION OF RESPONDENTS.</p> <p>The taking of an appeal not being the commencement of a new action, but a subsequent proceeding in the original action, a notice of appeal, directed to one of the respondents by name and referring to the others under the designation et al., and served upon the attorneys for such parties, is sufficient to give the supreme court jurisdiction.</p> <p>ADVERSE POSSESSION • — • TITLE ACQUIRED BY PAYMENT OF TAXES — OCCUPIED AND UNOCCUPIED LAND.</p> <p>Under Bal. Code, § 5503, vesting title in one who shall continue in actual, open and notorious possession of lands under color of title for a period of seven years, during which time he has paid the taxes thereon, and under Id., § 5504, declaring title in one who, having color of title to vacant and unoccupied land, pays the taxes thereon for seven years, the payment of taxes on land for seven years by one having color of title would vest him with the legal title, although part of such seven years he had been in actual possession, and the balance of the period had allowed the land tp lie vacant and unoccupied.</p> <p>SAME-COLOB OF TITLE-SHERIFF’S CERTIFICATE.</p> <p>Color of title, within the purview of Bal. Code, §§ 5503, 5504, takes its inception from the date of the sheriff’s sale of realty, even though it may be invalid, and not from the date of the execution of his deed pursuant to such sale.</p>