Turner v. Ladd
| Decision Date | 15 March 1906 |
| Citation | 84 P. 866,42 Wash. 274 |
| Court | Washington Supreme Court |
| Parties | TURNER v. LADD et al. |
Appeal from Superior Court, Thurston County; O. V. Linn, Judge.
Action by Fannie Turner against William M. Ladd and others. From a judgment for plaintiff, defendants appeal. Reversed.
M. G Royal, King & King, and Troy & Falknor, for appellants.
G. C Israel, for respondent.
The respondent brought this action against William Ladd and others to quiet title in herself to lot two of section 20 in township 19 north of range 2 W. of the Willamette meridian. A decree adjudging her to be the owner in fee of the premises and quieting her title thereto was rendered by the trial court, and the defendants Ladd and wife appeal therefrom.
The respondent claimed title by virtue of a deed from her father. The father claimed title through three sources; the first by reason of having purchased the property from one George Barnes who, he testified, then claimed the right to sell it as the agent of the true owner; the second, by reason of having purchased it at a tax sale; and the third, by virtue of the statute of limitations. The appellants Ladd and wife showing title through a regular chain of mesne conveyances from the government of the United States to themselves. We shall not examine at any length the evidence thought to sustain the respondent's claim of title, but a careful examination of it has convinced us that her claims are unfounded. The alleged purchase from Barnes rests on the naked statement of the father. No conveyance, contract, or writing of any kind is produced to evidence the sale, and Mr Barnes himself denies making it. The title never stood of record in Mr. Barnes, nor is there anything of record showing that he had a right to make a contract concerning it. This character of evidence is not sufficient to overthrow a title derived from the government, and evidenced by mesne conveyances regularly executed and duly recorded. The claim through a tax deed has no better foundation. B. B. Turner caused the property to be assessed to himself, suffered the same to become delinquent, and then procured a friend to buy it in for him at a sheriff's sale. In the meantime however, the land had been regularly assessed to its true owner, and the taxes paid by such owner before they became delinquent. It is perhaps needless to add that Mr. Turner could acquire no title to the property by this transaction. ...
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