Puget Mill Co. v. North Seattle Improvement Co.

Citations

• 120 Wash. 198
• 206 P. 954
• 1922 Wash. LEXIS 879

Syllabus

<p>Boundaries (4, 13)—Lost Corners—Location—Surveys—Evidence—Sufficiency. The true corner of a section is where it was located by the original survey, and error therein cannot be corrected; and where this is shown by the testimony of a surveyor who identified the location and witness trees, and from time to time observed and later marked and identified the spot, the location controls over an attempted relocation in accordance with the manual of the Interior Department for the establishment of lost corners.</p> <p>Adverse Possession (22, 32, 34)—Hostile Possession—Color of Title—Payment of Taxes—Evidence. A claim of adverse possession to a strip of land at a disputed government corner cannot be sustained, where the land was open to the commons, so that there was no open or exclusive possession; and payment of taxes and claim of title would he only to the true line of the government legal subdivision.</p> <p>Appeal (453) — Review —1 Harmless Error — Evidence. The exclusion of extremely remote evidence which would not have affected the result is harmless.</p>