Meeker v. Gardella

• Decision Date: 04 February 1887
• Citation: 13 P. 709,3 Wash.Terr. 178
• Parties: MEEKER v. GARDELLA AND OTHERS.
• Court: Washington Supreme Court

13 P. 709

3 Wash.Terr. 178

MEEKER v. GARDELLA AND OTHERS.

Supreme Court of Territory of Washington

February 4, 1887

McNaught, Ferry, McNaught & Mitchell and F. O. Meeker, for appellant.

John P. Judson, for appellee.

LANGFORD, J.

The defendant, Ezra Meeker, was neighbor and friend of one John Walker, and his wife, Margaret, in 1869, when Walker died. Mary I. Walker, the grantor and lessor, was then a child of 11 years, the daughter of John and Margaret Walker. The mother, with her said daughter, left the territory and migrated to New Jersey, and afterwards to New York. In June 1876, the mother died. Neither the estate of the husband or wife was in debt. On the twenty-sixth of April, 1879, Ezra Meeker took out letters of administration for the sole purpose of collecting rent, and recovering possession of the land in question. While acting as such administrator, on March 1, 1880, he procured from the sole heir, Mary I., his first lease, which he claims was the beginning of his term by virtue of which he now claims to hold. After he was thus in possession for a term of three years, and when that lease had still a year to run, on October 1, 1880, he procured his second lease of extension, which, if not terminated by the revocation of Mary I., is the title by which he now claims. In January, 1883, Mary I. did what she could to revoke these leases, and terminate the term. She went so far as to bring an action for that purpose in New York. Defendant still held against her will, but she accepted a small amount of rent from him afterwards. Not succeeding in gaining possession, Mary I., on the twenty-ninth day of November, 1882, by deed, conveyed to one of the plaintiffs this land, warranting against all incumbrances. The grantee having taken possession of part of the land thus conveyed to him, gave notice to the defendant of his title, and notice to the defendant to surrender the part of the premises which defendant occupied. The defendant refusing, an action was brought. A jury appears to have been waived by the consent of the parties that the case should be tried upon the equity side of the court. After the pleadings were perfected, and the evidence was taken, and the cause duly submitted, the court found its conclusions of fact and of law, and entered a judgment and decree for the plaintiffs, for possession and accounting for rent. The evidence, after being carefully examined, appears to warrant all the conclusions of fact found.

These facts are sufficient to sustain the judgment. Were this not so, there is a defect fatal to the defendant's right which is shown by the evidence. While it is admitted that there were no debts owing by the estate, yet letters of administration were taken out by defendant. This ipso facto made him trustee for the heir, or at least he is estopped from denying that he was such. Indeed, there...