Raymond v. Morrison

Citations

• 9 Wash. 156
• 37 P. 318
• 1894 Wash. LEXIS 274

Syllabus

<p>EJECTMENT — PARTIES — PLEADING — LIMITATION OE ACTION.</p> <p>The tenant in possession is the only necessary party defendant in an action of ejectment; and, although he may set up that there are tenants in common with him and ask that they be made parties, the plaintiff cannot be compelled to bring them in.</p> <p>Although Code 1881, §760, provides that “ no right accrued is affected” by the provisions of that code, such enactment cannot be interpreted as preserving the right'to bring actions for the possession of real estate to a period of twenty years after the right of action accrues, as was provided prior to the enactment of the code, when the code has reduced the period of limitation from twenty to ten years.</p> <p>Judgment on the pleadings, in an action of ejectment, is erroneous, when grounded on plaintiff’s failure to reply to an allegation of the answer “that neither the plaintiffs nor either of them, nor the ancestors or predecessors of either, have been seized or possessed of the premises in question, or any part or parcel thereof, within ten years next preceding the said filing,” as, when the complaint has alleged that plaintiffs were so seized on a certain day, such allegation of the answer is equivalent merely to a denial of the corresponding allegation of the complaint.</p>