Spurlock v. Port Townsend Southern Railroad

Citations

• 13 Wash. 29
• 42 P. 520
• 1895 Wash. LEXIS 43

Syllabus

<p>TRESPASS — EVIDENCE OF TITLE — COMMUNITY PROPERTY — OBJECTIONS TO EVIDENCE.</p> <p>In an action of trespass to real property, parol proof of plaintiff’s undisputed possession is sufficient to show title in himself, when no better title is alleged to be in defendant or some other person.</p> <p>When part of a witness’s answer to a question is competent, and part incompetent, a general objection to the answer as a whole should be overruled.</p> <p>When it appears in an action for damages to real property that the plaintiff had owned the land and been in possession thereof from a date long prior to the passage of the first statute of this state as to community property, it cannot be presumed that his wife has such an interest therein as to make her a necessary party to the action.</p>