117 Wash. 307 | Wash. | 1921
The respondent, Smith, owns the northwest quarter of section 30, in township 30, north, of range 39, east of the Willamette Meridian, and the appellants Anderson and Leetsch own the northeast quarter of the same section. In January, 1916, the respondent began the present action against the appellants, under 947-949 of Rem. Code (P. C. §§ 7412-7414), alleging that the boundary line between their several tracts of land had become obscure and uncertain, and that they, as adjoining proprietors, could not establish the same by agreement, and prayed that the court appoint a commissioner to survey, establish and properly mark the boundary line. The appellants answered, admitting the allegations of the complaint, and joining in the prayer for the appointment of a commissioner, Pursuant thereto, the court appointed a commissioner to survey and mark the line, who in due time made the survey and returned into court a plat and the field notes thereof. The appellants excepted to the report, and a hearing was had thereon, during the course of which it developed that no actual survey of the township had ever been made by the surveyors of the government; that, while the exterior boundaries of the township had been run and properly marked on the ground, the interior surveys had not been so run and marked, although the surveyor appointed for that purpose had so reported, returning to the government with his report field notes purporting showing a proper survey. This fact became known to the commissioner appointed by the court during the course of his work, and to establish the disputed boundary line he found it necessary to determine the proper location of the southwest and the northeast corners of section thirty. In the course of the hearing it developed, also, that the lands in the- sections adjoining section thirty had passed into private ownership, and the appellants, conceiving that
On the appeal the sole error assigned is the refusal of the court to require the owners of the surrounding tracts of land to be made parties to the action. But it would seem that the question requires no extended discussion. Manifestly, these parties have no interest in the actual controversy before the court. It is a matter of indifference to them where the line in dispute is located, as their rights are in no manner affected thereby. It is possible, as the appellants argue, that a controversy may subsequently arise between the appellants and the adjoining proprietors as to the true location of the corners of the section in controversy, and it is possible that in the determination of the controversy the corners may be located at a different place than the place where the commissioner found them to be, and it is possible that the location so determined upon may make the section of lesser area than the commissioner made it, and thus operate to the injury of the appellants.
But it is at once apparent that the opposite of these possibilities is equally probable; that is to say, no controversy over the proper location of the corners may ever arise, or, if it does arise, the parties may be able to agree as to the proper location, or, if the controversy proceeds to a determination by the court, it may be found that the section is of greater area than the commissioner found it to be, and the appellants thus be gainers rather than losers by the determination. The
There was no error in the judgment, and it will stand affirmed.
Parker, C. J., Mackintosh, Bridges, and Holcomb, JJ., concur.