[Download] "Scott v. Wallitner" by Department One Supreme Court of Washington ~ eBook PDF Kindle ePub Free

eBook details

Title: Scott v. Wallitner
Author : Department One Supreme Court of Washington
Release Date : January 21, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

Emma Scott commenced action against Louise Wallitner alleging that she (Emma Scott) was the owner and entitled to the possession of the N. W. 1/4 of the S. W. 1/4 of section 34, township 32, NR 6, E.W.M.; that, at the time she acquired the property, there was excepted from the description thereof a fifty-foot right of way for a logging railroad, which constituted an easement only, and that the railroad had long since been abandoned; and that Louise Wallitner claimed title to the right of way by virtue of a quitclaim deed executed to her. The plaintiff claimed title to the right of way on two grounds: first, that the deed to the right of way created an easement only; and, second, adverse use of the property for over the statutory period after the railroad had been abandoned. The trial court dismissed the action with prejudice at the close of plaintiffs case, and this appeal follows.