Simmons v. Jamieson

Citations

• 32 Wash. 619
• 73 P. 700
• 1903 Wash. LEXIS 464

Syllabus

<p>EJECTMENT-EVIDENCE-LOCATION OE LOST MEANDER CORNER.</p> <p>The testimony of a surveyor in a contest over a disputed boundary line is competent and relevant, when it appears that tbe witness followed one of the recognized rules for restoring lost meander corners in attempting to locate tbe boundaries of two overlapping claims.</p> <p>SAME-EOBM OE VERDICT.</p> <p>In an action of ejectment, where defendant admits that plaintiff is the owner of tbe land described in tbe complaint and denies that defendant is in tbe possession and use thereof, a general verdict in favor of defendant would not be erroneous, since tbe provisions of Bal. Code, § 5510, prescribing that if tbe verdict be for defendant in ejectment, tbe jury shall find that tbe plaintiff is not entitled to tbe possession of tbe property, would be inapplicable to tbe circumstances of tbe case.</p>