Williamson Investment Co. v. Williamson

Citations

• 96 Wash. 529
• 165 P. 385
• 1917 Wash. LEXIS 609

Syllabus

<p>Partition — Division or Sale — Presumptions—Burden of Proof. Under Rem. Code, § 838, authorizing a sale in partition proceedings only where it appears that a partition cannot he made “without great prejudice” to the owners, there is a presumption that property held in common may be equitably divided and the burden to show prejudice rests upon him who asserts it.</p> <p>Same — Sale or Division — “Great Prejudice” — Statutes. “Great prejudice,” in Rem. Code, § 838, authorizing a sale in partition proceedings, means material pecuniary loss; so that the destruction of an old shell of a building of negligible value on a city lot worth from $20,000 to $37,000 would not be “great prejudice” in the legal sense.</p> <p>Adjoining Landowners — Removal of Building — Support — Liability. In the absence of a party-wall agreement, an owner may remove his building without building a wall to sustain an adjoining connected building, upon notifying the adjoining owner to protect his own building, and is liable only for failure to exercise ordinary care.</p> <p>Partition — Division or Sale — “Great Prejudice” — Evidence. The fact that to divide a city lot would reduce its aggregate value from ten to thirty per cent does not amount to “great prejudice” authorizing a sale in partition proceedings where it appears that even a greater loss would result from a sale on the existing market; and the fact that property cannot be sold without loss is a sufficient reason to divide it in specie.</p> <p>Appeal — Review—Findings. Findings upon conflicting opinion evidence, while not binding on appeal, are entitled to great weight, especially when supported by the report of referees.</p> <p>Appeal — Review—Harmless Error. Error in the view that neither party to a partition suit could bid at a sale is immaterial when no sale was ordered.</p> <p>Partition — Referee—Objections—Waiver. In partition proceedings, complaint cannot be made that one of the referees to make a partition in kind was a witness