Wilcox v. Smith

Citations

• 38 Wash. 585
• 80 P. 803
• 1905 Wash. LEXIS 1211

Syllabus

<p>Adverse Possession—Boundaries—Mistake—Claim of Right —Line in Doubt. Where it is found that the location of a section line is in doubt, and the owners of a lot which overlapped the section line repeatedly stated that they claimed only to the line, and disclaimed any ownership of the portion of the lot west of the line, all of which had been enclosed by them for the statutory period, the finding is insufficient to establish title by adverse possession; since the possession must be under a claim of right, and where a party claims to a given line and makes no claim as to where the line is, his adverse possession is limited to the line wherever it may be established.</p> <p>Same—-Lien for Taxes Paid—Appeal and Error—Objection Not Raised Below. Plaintiffs in an action to recover the possession of property claimed by virtue of adverse possession, cannot complain in the supreme court of failure to enforce a lien for taxes paid by them, upon finding for the defendants, where no request was made in the court below for any such relief.</p> <p>Same—Costs—Judgment—When Favorable—Width of Strip of Land Recovered. Where, in an action to recover the possession of land, the defendants claimed up to a certain line, and were awarded the same, the fact that the defendants were mistaken as to the width of the strip does not make the judgment favorable to the plaintiffs so as to entitle the plaintiffs to costs.</p>