30 Wash. 687 | Wash. | 1903
The opinion of the court was delivered by
In March, 1888, Harry White and his wife, Anna, being then the owners in fee of certain real property situated in King county, platted the same into lots, blocks, streets and alleys, and caused a plat thereof to he made out and duly recorded in the auditor’s office of King county, under the name of the “Second Motor Line Addition to the City of Seattle.” Prior to the filing
In their complaint the respondents alleged that they were the owners in fee of the property. Their proofs showed that at the commencement of the action they were in the exclusive possession of the property, holding under contracts of purchase on which they had paid substantially all of the purchase price; that prior to the trial the pulchase price necessary to entitle them to deeds had been fully paid as to all of the property; that for two of the four lots in question the deed had actually been delivered, and for the other two there was simply a delay in its transmission. The appellant questions the right of the respondents to maintain an action of injunction upon this showing, contending: hirst, — that they have fio such interest in the property as entitles .them to maintain an action of injunction; and, second, that there is a fatal variance between their pleading and proofs. As to the first objection, we think there can be no question as to right of respondent to maintain the action. The' right of possession alone of real property is a sufficient interest therein to enable a person having such right to invoke the remedies provided by law against a trespasser thereon; and one holding real property under contract of purchase with the owner, and who has paid a substantial portion of the purchase price,
The appellant assumes that, where there is a lack of uniformity between the survey as actually made upon the ground and the recorded plat of such survey, the plat, and not the actual survey, controls, and hence in this case that
This view of the case renders it unnecessary to discuss the question of adverse possession.
The judgment appealed from is affirmed.
Reavis, C. J., and Dunbar, Anders and Mount, JJ., concur.