Thornely v. Andrews

Citations

• 40 Wash. 580
• 82 P. 899
• 1905 Wash. LEXIS 1030

Syllabus

<p>Appeal — Statement of Facts — Attaching Exhibits and Depositions at Time of Settlement. Exhibits appropriately referred to in the statement of facts, and part of the records on file, need not be attached to the statement at the time it is served, but it is sufficient if they are attached at the time the statement is certified; and a statement to the effect that they were received in evidence is an appropriate reference thereto.</p> <p>Limitation of Actions — Adverse Possession — Grantee of Mortgagor Holding Adversary to Mortgagee — -When Right Accrues. Where the owner of three lots, after mortgaging one lot in 1890, sold the other two lots, pointing out the supposed boundary line as indicated by stakes, which in fact included a two and one-half foot strip of the mortgaged lot, and such strip was taken possession of and adversely held by the purchasers for a period of more than ten years,, and meanwhile the mortgage was foreclosed without making the purchasers parties to the action, and the right of action for the foreclosure of the mortgage was subsequently barred by lapse of time as to the purchasers in possession of the strip, their title to the strip by virtue of adverse possession is complete; since the statute begins to run as against the mortgagors and their successors at the date of the taking of possession, and is complete in ten years, and as against' the mortgagee and his successors in interest, it begins to run at the date the mortgage is due (no payments being made) and is complete in six years.</p>