Sheppard v. Coeur d'Alene Lumber Co.

Citations

• 62 Wash. 12
• 112 P. 932
• 1911 Wash. LEXIS 640

Syllabus

<p>Evidence ■— Fobeign Laws — Pbesumptions. Laws of another state are presumed to be the same as our own, in the absence of pleading or proof.</p> <p>Venue — Title to Real Pbopekty — Use and Occupation. An action under Rem. & Bal. Code, § 8805, for the recovery of reasonable rent from a tenant by sufferance, is not an action affecting the title to real property, within Id., § 204, laying the venue in the county where the same is situated, although the answer sets up title in the defendants and brings the title incidentally in issue.</p> <p>Landloed and Tenant — Rents—Actions—Statutes'—Tenant by Sueeebance. Rem. & Bal. Code, § 8805, authorizing an action to recover reasonable rents from a tenant by sufferance, changes the common law rule that such rent is not recoverable, and the action lies against one claiming an adverse title, where the possession was not adverse and hostile in the beginning, but was obtained under an express written contract.</p> <p>Chadwick and Mount, JJ., dissent.</p>