Yarrow Land Co. v. Ross

Citations

• 79 Wash. 101
• 139 P. 876
• 1914 Wash. LEXIS 1161

Syllabus

<p>Boundaries- — Courses and Distances — Monuments. In the event of a conflict, courses and' distances must yield to original stakes and monuments located on the ground.</p> <p>Vendor and Purchaser — Bona Fide Purchaser — Record —• Constructive Notice. A recorded deed is constructive notice to subsequent purchasers only of the land described, and where there was a mistake in the calls and distances of the description, and also in the township, it is not notice to subsequent purchasers.</p> <p>Same — Bona Fide Purchaser — Notice—Evidence. Where plaintiffs had1 purchased tracts of land by an erroneous description, marking the initial point by a gas pipe, and used the tracts to convey water from springs for a water system, defendants, subsequently purchasing a conflicting tract, are tona fide purchasers for value, where, by reason of the error in the description of the plaintiff’s deed, defendants had no constructive notice of a conflict, the gas pipe had disappeared at the time of their purchase, the water pipes were buried' and not visible, no part of the stream or springs were upon their land, and they had no notice of plaintiff’s water system, and nothing of a physical character existed on defendants’ land sufficient to give them notice of plaintiff’s claim of title.</p>