Porria v. Town of Castle Rock

Citations

• 82 Wash. 103
• 143 P. 315

Syllabus

<p>Boundaeies— Lost Boundaries— Actions to Establish — Pleadings and Issues. In an action to establish a lost boundary line under the statute, it is not error to refuse to allow the complaint to ,be amended for the reestablishment of the original boundary line, where issues were thereafter raised by answers and cross-complaints setting up title by adverse possession to a boundary line fence; since the amendment sought would raise an immaterial issue in view of the answers and cross-complaints.</p> <p>Same — Actions to Establish — Costs. Rem. & Bal. Code, § 949, providing for the apportionment of costs in statutory proceedings for the survey and establishment of lost boundaries, does not apply where the evidence failed to establish that the boundary had been lost, and defendants prevailed on cross-complaints alleging title by adverse possession to the line of a boundary fence.</p>