title:
James F. Reynolds, Robert W. Battersby, and Peter S. Battersby, doing business as co-partners under the firm name of Reynolds & Battersby Bros. Appellants vs. Dexter Horton & Co. Bankers Appellee, Brief of Appellants.
title:
136
creator:
James F. Reynolds
creator:
Robert W. Battersby
creator:
Peter S. Battersby
contributor:
George D. Blake
contributor:
W. Lair Hill
date:
1890
publisher:
Washington State Supreme Court
type:
Civil
subject:
Remedies
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Replevin – Title as Against Trespasser – Findings by Court – When Set Aside – A finding by the court stands as a special verdict, under Code 1881, § 247, and, unless so clearly unfounded that it would be set aside if made by a jury, will not be disturbed.Where the lessee of school lands quarries stone thereon, and subsequently assigns the lease and sells the stone to another party, the latter’s possession under a claim of ownership mad in good faith is sufficient to support an action of replevin against one who, without any rights, enters upon the leased land and takes away the stone.Although the act of quarrying may be waste by the tenant, the possession of his grantee is good as against any mere wrongdoer.
relation:
Reynolds v. Horton, 2 Wash. 185 (1891)
relation:
26 P. 221
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf