63 Wash. 589 | Wash. | 1911
This is an action to recover a strip of land 12% feet wide and 100 feet long, lying contiguous to the
The findings of the trial court in favor of the respondent are very general. They are, in substance, that respondent is the owner of the land in dispute through mesne conveyance from the United States; that appellants have entered upon and wrongfully withhold possession of the land from respondent; and that appellants and their grantors have not been in possession of the land in dispute a sufficient length of time to acquire title thereto by adverse possession under either the seven or ten-year statute. We do not find in the record any exceptions to these findings, save a single general exception noted in the order denying the motion for new trial; nor are there any requests for findings of fact in any greater detail. Perhaps by reason of this we are not called upon to notice any disputed questions of fact; but since counsel for both sides devote portions of their argument to certain questions of fact, we will briefly notice some of their contentions in that regard, as well as the questions of law involved therein.
Appellants and respondent both hold title to their respective tracts through mesne conveyance from Jacob Galer, who, in 1882, owned all of government lots 5 and 6 in section 30. These lots are now in one of the residence districts of Seattle, and the particular strip of land in controversy runs north from Highland Drive 100 feet and is about midway between Fourth and Fifth avenues north. These government lots adjoin each other, extending along the north line of the section. The northeast corner of lot 5 is coincident with the north quarter corner of the section, and the northwest corner of lot 6 is coincident with the northwest corner of the section. The southwest corner of lot 5 is the starting
It is at once apparent that the fixing of the exact location of the southwest corner of lot 5 upon the ground will result in a ready determination of the exact location of the east boundary of the Burns tract, by measuring east from that corner the distance called for in that deed. Counsel for appellants seem to make some contention that that lot corner has not been correctly located upon the ground. It seems to us, however, the evidence shows almost beyond possibility of controversy that it is correctly located and with a great degree of exactness. It appears to have been located by the city engineering department of the city of Seattle, by measurements made strictly in accord with the rules applicable to subdividing government sections. The trial court made no special finding upon this subject, but must have concluded that such corner had been correctly located by the city, al
It is next contended that if there is a deficiency in the width of lot 5 measured from east to west, as seems apparent from the calls of the several descriptions in the deeds made by Galer of tracts in that lot, that such deficiency should be apportioned among the several owners holding under these deeds. We are quite unable to see that the rule of apportioning excess or deficiency between adj oining owners has any application here so far as the rights of respondent are concerned. She holds under the first deed made by Galer. That deed is given without any reference whatever to other conveyances made by him of land in lot 5. It being first in point of time, the grantee therein and his successors in interest are not required to yield any portion of their land to satisfy any subsequent grants made by Galer. This rule is too elementary to require discussion. 5 Cyc. 929. The metes and bounds description starting at a certain fixed point, and the priority of the date of the Burns deed, render the rule of apportionment invoked by counsel inapplicable to the question here involved.
It is contended that, contemporaneous with the giving of the deed from Galer to Burns in January, 1882, there was a practical location upon the ground of the east line of the Bums tract, established and agreed upon by the parties to that conveyance, and that the line so established is the same line now claimed by appellants to be the correct one. There is evidence that Galer had a survey made for the purpose of locating this line and others in lots 5 and 6- This survey we think is shown to have been made after the giving of the Burns
Some contention is made in behalf of appellants upon the ground of adverse possession. The court made specific findings against them upon this question, which were not excepted to. We think the findings are fully justified by the evidence, though as we have noticed, the question is probably not before us for want of exceptions to the findings. We discover no error in the record. The judgment is affirmed.
• Dunbar, C. J., Mount, Fullerton, and Gose, JJ., concur.