117 Wash. 575 | Wash. | 1921
This action was commenced on February 28, 1921, by Mrs. Guill and her husband, to recover from the defendants the possession of eight acres of land in Pierce county, and damages for waste committed thereon. The property is the separate estate of Mrs. Guill. The cause of action was that the occupancy of the premises was unlawful and without authority, that defendants had committed waste and engaged in the manufacture and disposal of intoxicating liquor on the premises to such an extent as to become
Upon the trial without a jury, in March, 1921, the court made findings and conclusions that the possession of the premises by the defendants was unlawful, that they had committed waste which, together with reasonable compensation for their occupancy of the premises, amounted to the sum of $200, and that they had committed nuisance on the premises. Judgment was entered in favor of the plaintiff for $200, that defendants vacate the premises, and that, upon the failure or refusal of the defendants to quit possession, a writ of restitution issue to dispossess them. The defendants have appealed.
The testimony shows that Mrs. Guill had given to one S. Yashiki a written lease to the premises for the term of six years from January 1, 1918, at a rental for all but the first year of $125, payable on March 1, and $125 payable on October 1 of each year, that the lessee had gone into and continued possession until September, 1920, at which time he went to Japan, from whence he has not returned. The testimony, though conflict
Because of the unexpired term, and because of the power of attorney from the lessee to .the appellant Enomoto, of which we shall later speak, it is claimed as a first assignment of error that “the court has no jurisdiction in this case for the reason that Yashiki, the lessee, is not a party to the action.” Disposing of this assignment, it is enough to notice that no relief was sought, nor has any been given, against the lessee. Both the complaint and the judgment, by their terms, run only against the defendants. It was they and not the lessee who actually occupied the land at the commencement of the action. It was they who committed the waste and who were shown to have caused and maintained a nuisance on the premises.
The remaining assignments of error relate to the findings and conclusions made by the trial court, and its refusal to sign and enter those proposed by the appellants. Upon the subject of waste and nuisance and unlawful possession of appellants, we reach the same conclusions that the trial court did. Concerning the right of the appellants to occupy the premises, reliance is had by them upon a power of attorney claimed to have been executed by S. Yashiki to K. Enomoto under a date just prior to his going to Japan. The evidence shows the premises were let to Yashiki at less than a reasonable money rental because of his personal fitness to cultivate and keep up the place. It is undisputed that, just before leaving for Japan, the lessee, saying he wás going to Japan to remain indefinitely, asked and was refused leave to sublet the lands to other Japanese, and then offered to sell out to the
Being satisfied from the record that the appellants were in possession of the premises without any lawful authority, that they had committed and maintained a nuisance thereon as alleged in the complaint, and that the amount of damages allowed by the trial court because of waste committed, together with the value of the occupancy of the premises by the appellants, is correct, the judgment is affirmed.
Parker, C. J., Fullerton, Tolman, and Mackintosh, JJ., concur.