67 Wash. 206 | Wash. | 1912
On April 20, 1895, plaintiff and one William Collins entered into a contract with defendant William P. Trimble, in which Trimble bound himself, in consideration of a one-fourth interest therein, to perfect the title to certain tide lands near the west channel of the Duwamish river, which
The only question calling for present consideration is whether the statute of limitations has run against appel
It is doubtful whether Trimble, who engaged only to conduct the proceedings and who never undertook to, and so far as this record shows, never did, take title in his own name, could be charged as a trustee. If he violated his agreement, it would seem that appellant’s remedy would be at law in an action for damages, and as we read the complaint it is an action for damages as against him. It is not alleged that he ever had a preference right to purchase, and therefore he could not convey it. He never agreed to, and so far as the complaint shows, never took title or the proceeds of any sale so as to change his relation of agency to that of trustee. If, as an attorney having appellant’s alleged interest in the land in charge, he, either by inadvertence or design, permitted a decree to be entered which deprived appellant of a lawful right, he would not thereby be changed from a co-cestui que trust with appellant to a co-trustee with the heirs of Collins. Collins was, by the terms of his contract, a trustee for both appellant and Trimble. As will be seen by reference to the complaint, appellant is seeking damages which she says are, “such sum of money as the testimony upon the hearing of this action may show her interest in said lands to be worth.” The further demand,
We are so fixed in our opinion that as to Trimble this is a law action and barred by the statute of limitations, that we shall not enter into a discussion of the application of the statute of limitations to suits in equity, reserving that very interesting question, as well as a review of our own decisions upon the subject, for consideration in some case where it is germane to the issue. We make no ruling as to the character of the action, as applied to the other parties defendant.
Judgment affirmed.
Dunbar, C. J., Gose, Crow,.and Parker, JJ., concur.