Sunde v. Hanson
Sunde v. Hanson
Opinion of the Court
— This is an action of ejectment tried in the superior court for King county, resulting in findings and judgment in favor of the defendant, Hanson, from which the plaintiffs have appealed to this court.
The land in question is two and one-half acres, known as tract 38 of Panther Lake Garden Tracts. Respondent, Hanson, has been in the actual possession of the land ever since the year 1893, when he acquired title thereto by warranty deed from its then owner. At that time there was a blanket mortgage upon all the tracts in the plat of Panther Lake Garden Tracts, the existence of which mortgage was unknown to respondent until its foreclosure in the year 1895, which foreclosure resulted in divesting him of the record title to tract 38, the owner of the mortgage becoming the purchaser of this and the other tracts under the foreclosure. Respondent had paid the taxes on tract 38 up until the fore
“That ever since the said year 1898, the said defendant Hanson has been in the open, notorious, peaceful, adverse, hostile and continuous actual possession of the premises . . . under claim of ownership and right made in good faith, which said possession, under said claim, has been continuous for more than ten years prior to the commencement of this action.’?
The contention of counsel for appellants seems to be that the evidence did not warrant this finding, arguing, in substance, that respondent’s possession after the foreclosure was but the continuance of his possession prior thereto, and never in fact became adverse to the owner of the mortgage acquiring the record title by foreclosure, and its successors in interest. It seems true that respondent’s possession was of the same nature in outward appearance after 1898, following the foreclosure, as before then, but we are quite convinced, as the trial court evidently was, that his possession was, after 1898,
.The judgment is affirmed.
Ellis, C. J., Fullerton, Mount, and Holcomb, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.