24 Wash. 455 | Wash. | 1901
This action was instituted in the superior court of King county for the purpose of quieting title in plaintiff to the following described real estate, to-wit: All that part of lots numbered 3 and 4, in block numbered 9, Terry’s Pifth Addition to the city of Seattle, lying east of the west meander line of the donation land claim of David S. Maynard, and west of the west line of Eighth street in said city, county of King and state of Washington. The plaintiff, appellant here, alleges in her complaint that said David S. Maynard is now deceased; that he was th¿ owner in fee simple of said real estate at the time of his death; that plaintiff is now the owner in fee simple by virtue of a deed of conveyance from H. C. Maynard and Prances J. Patterson, as heirs of said David S. Maynard, deceased; that the defendants assert ownership of said real estate by virtue of some deed of conveyance which is a cloud upon plaiptiff’s title; and she prays that such cloud be removed and her title quieted. The defendants, respondents here, by their several answers deny that plaintiff is the owner in fee simple, or has any interest whatsoever in the property described; and they allege affirmatively that they- are the owners in fee, respectively, of the undivided interests as set forth in their several answers; that they and their predecessors have been for more than ten years last past the owners of, and in the open, actual, and notorious possession of, said property; and that neither plaintiff nor any other person holding adversely to defendants has been in possession thereof within said time. It appears by the record that on July 11, 1857, said David S. Maynard, together with his wife, Catherine T. Maynard, the appellant, sold and conveyed by deed to Charles 0. Terry -the lands described as follows :
*457 “Commencing at a stake 66 feet east of the northeast corner of lot 8, in block 52 (corrected to read 58), numbered and designated on D. S. Maynard’s town plat of Seattle; running east to the northeast corner of said Maynard’s land claim; thence south 134 rods; thence west to Duwamish Bay; thence northerly, following the meandering of said bay to the south line of said town plat of Seattle; thence east to the southeast corner of said town plat; thence north to the place of beginning; containing 260 acres more or less, together with all and singular the rights, appurtenances and hereditaments thereunto belonging or in anywise appertaining; and also all the estate, right, title and interest of the said first mentioned parties to the premises hereinbefore described and every part and parcel thereof.”
Upon the death of said Terry, the lands so conveyed passed by due administration to his heirs at law, of whom the respondents are the successors in interest. The appellant claims title by a subsequent conveyance from the children of the deceased, Maynard, as his heirs at law. It does not appear from the record that there was ever any administration upon the estate of the said Maynard, nor is it shown whether he died testate or intestate. The premises in controversy consist-of land situated outside of the line of high water and inside the meander line of the Maynard donation claim. The appellant’s contention is that the land in controversy did not pass by Maynard’s deed, on the theory that the description in Maynard’s deed of the course, “thence west to Duwamish Bay; thence northerly, following the meandering of said bay to the south line of said town plat of Seattle,” made high water mark on Duwamish Bay the western boundary, and therefore. Maynard remained during his life time the owner of the land, and at his death his heirs became the owners thereof. Appellant’s counsel in their brief concede that, if the above description includes this land, then
In the case of Snow v. Mt. Desert Island Real Estate Co., 84 Me. 14 (24 Atl. 429, 17 L. R. A. 280, 30 Am. St.
The judgment of the lower court is affirmed.