Koltermann v. Chilvers
Koltermann v. Chilvers
Opinion of the Court
This was an action in ejectment tried in the district court for Pierce county. The plaintiff alleged in his petition that he was the owner of the southwest quarter of the northwest quarter of section 10, and the south one-half of the northeast quarter of section 9, all in township 26 north, of range 2 west of the sixth P. M., situated in Pierce county. This description, according to the government survey, embraced the land in question, which contains 13.246 acres, and plaintiff alleged that ever since the 25th day of October, 1901, the defendants had kept him out of possession thereof. The answer was a general denial. On the issue thus joined, there was a jury trial and a verdict was returned for the plaintiff. Judgment was rendered on the verdict, and the defendants have appealed.
The questions presented in this casé are: (1) The true location of the boundary line between the plaintiff’s land described in his petition and the land owned by defendants, which lies immediately south of and adjoining plaintiff’s premises. (2) The statute of limitations.
Defendants contend that the verdict of the jury is not sustained by the evidence. The bill of exceptions discloses
As to the statute of limitations, it appears that defendants’ fence, inclosing the land in controversy, was built in 1901. This action was commenced in 1904. At that time the statute authorized two trials in an ejectment suit. This accounts for the length of time the action was pending before final judgment was rendered. The defendants contended that they had exclusive adverse possession of the land, from the time of purchasing it in 1893, as far north as the fence was placed. In this they were supported by several witnesses. The plaintiff contended that the fence was placed farther north so as to include the strip of land
It follows that the judgment of the district court was right, and is
Affirmed.
Reference
- Full Case Name
- John F. Koltermann v. William B. Chilvers
- Cited By
- 1 case
- Status
- Published