Sartori v. Denny-Renton Clay & Coal Co.

Citations

• 77 Wash. 166
• 137 P. 494
• 1913 Wash. LEXIS 1912

Syllabus

<p>Boundaries — Streams—Meander Lines — Evidence—Sufficiency. Where the thread of a constantly changing stream was fixed as a boundary line at a certain date, the government meander lines, run many years before, do not control the boundary as against a subsequent survey and other evidence tending to show the location of the stream at the time it was fixed upon as the boundary line.</p> <p>Same — Evidence—Acquiescence—Area. Where a line, acquiesced in for some time, gives the true area of adjoining tracts, it is strong evidence of the true boundary line.</p> <p>Actions — Joinder—Equity and Law — Damases—Jurisdiction in Equity. In an equitable suit to establish the thread of a stream as a boundary line, there may be joined a claim for damages for obstructing the stream, where objection is not raised below, and equity having acquired jurisdiction may grant full relief.</p>