Suksdorf v. Humphrey

Citations

• 36 Wash. 1
• 77 P. 1071
• 1904 Wash. LEXIS 505

Syllabus

<p>Adverse Possession — Unsurveyed Land — Mistake in Boundary Line — Claim op Right. One who settles upon unsurveyed government land and builds a house and makes improvements under a mistake as to where the boundary line will be run, and thereby incloses a strip of the adjoining tract, does not commence to hold such strip by adverse possession until the government lines are established, nor does such party so hold after the establishment of the lines and receipt of the patent, where it appears that no claim was made to any part of the adjoining tract, and that after talk with the adjoining owner about moving back the fence, consent was given that it remain temporarily; hence it is error to conclude that such party was owner in fee of the strip and that title thereto passed to her grantee, who claimed to have purchased without notice of the true boundary line.</p>