Schmitz v. Klee

Citations

• 103 Wash. 9
• 173 P. 1026
• 1918 Wash. LEXIS 1029

Syllabus

<p>Public Lands — Patents—Boundaries—Shore Lines. The government meander of a lake is not a boundary .line, and the patent conveys to the actual shore line so as to include a peninsula that was cut off and left outside the meander.</p> <p>Adverse Possession — Presumptions. In the absence of proof, it will be presumed that possession was permissive and not adverse to the owners.</p> <p>Same — Color op Title — Description op Property. An instrument conveying “all interest and title” that the grantors “may have in the piece known as the point” in Lake S-, cannot operate as color of title since it does not sufficiently describe any property without the aid of parol evidence.</p> <p>Same — Hostile Possession. An entry is not shown to be hostile and the possession thereunder will therefore be presumed to be permissive, where there was no open assertion of hostile title and it appears that prior to taking possession, upon consultation with the owner, her son-in-law, the occupant was advised that she could live on the land as long as she wished and during the winters she spent a large part of her time with her daughter and son-in-law on the adjoining tract.</p>