58 Ritchie v Griffiths Respondents

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In Folder: Supreme Court Briefs

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58 Ritchie v Griffiths Respondents

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title: William Ritchie, Appellant vs J W Griffiths and Edward Metcalfe Appellees, Brief of Appellees.

title: 58

creator: J. W. Griffiths

creator: Edward Metcalfe

contributor: E. C. Johnson

contributor: R. E. Moody

date: 1890-05

publisher: Washington State Supreme Court

type: Civil

subject: Real Property

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, Clallam County.Action by J. W. Griffiths and Edward Metcalfe against William Ritchie for the possession of certain land in Port Angeles, Clallam county, State of Washington. The court made the following finding of facts and conclusions of law: First: That the deed from Norman R. Smith to Nellie Meagher, dated September 30, 1881, under which plaintiff's claim was filed for record and recorded on the 10th day of October, 1881, in book F of the records of deeds in the office of the auditor of Clallam county, Washington Territory. Second: That the said deed was not indexed in the general index for deeds kept by the auditor. As a conclusion of law from the foregoing, the court finds that the defendant, as a subsequent purchaser from Norman R. Smith, is charged with notice of said deed, and that the plaintiffs are the owners in fee and entitled to judgment for the land claimed in their complaint, for the possession of the same, etc. Judgment was given for plaintiffs, and defendant appealed.Registration of Deeds – Indexing – Constructive Notice – under the registry law of this state (Session Laws 1869, p.313), the depositing of a deed for record in the office of the county auditor does not operate as constructive notice to the public; it is necessary that the deed be duly recorded in the proper record, and property indexed, the index being an essential part of the record.

relation: Ritchie v. Griffiths, 1 Wash. 429 (1890)

relation: 25 P. 341

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

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