Rue v. Oregon & Washington Railroad

Citations

• 109 Wash. 436
• 186 P. 1074
• 1920 Wash. LEXIS 919

Syllabus

<p>Public Lands (9)—Survey—Meander Lines. The government’s original plat and meander of a stream constituting the boundary between two lots cannot be impeached or contradicted by the testimony of a surveyor who made a visual survey without actual measurements, as a nonexpert.</p> <p>Boundaries (1)—Natural Monuments. Where the. government plat and meander of a stream constituting the boundary between two lots was' not founded on gross negligence or fraud, and the stream actually touched both lots and was permanent and visible, it was a natural monument and controlling.</p> <p>Quieting Title (20, 25)—Form of Remedy—Title. A suit to quiet title to a lot described by metes and bounds according to lines shown on the plat, involving an issue as to the boundaries, is a possessory action under Rem. Code, § 785, in which the superior title, whether legal or equitable, prevails.</p> <p>Public Lands (9)—Survey—Meanders. The government “meanders” of a stream between two government lots are not run as boundaries but only to ascertain the acreage of the tracts, and the stream constitutes the real boundary, regardless of the area.</p> <p>Public Lands (9)—Boundaries (13)—Meanders'—Evidence. The government meander of a stream constituting the boundary between two lots is not shown to be so grossly inaccurate as to amount to a fraud by the nonexpert testimony of a surveyor who, from a visual survey, stated that there was'a discrepancy in the acreage called for of about forty acres or half of the tract.</p> <p>Boundaries (12)—Evidence—Admissibility. Upon an issue as to the true boundaries of a tract, tax receipts showing the acreage paid on, are admissible; since the taxing officers accept the acreage shown by the government plat, and owners are not bound for taxing purposes by the acreage of their title deeds. v</p>