Kosten v. Fleming

Plaintiff commenced this action under the unlawful detainer statutes to recover possession of a house and lot in Seattle. The defendants interposed affirmative defenses challenging plaintiff’s title and right to possession. The court, upon findings favorable to defendants, entered judgment dismissing the action. Plaintiff appeals.

James Kausky conveyed the property to appellant by warranty deed dated October 24, 1929, subject to a mortgage to the Washington Mutual Savings Bank. The deed was without substantial monetary consideration. Appellant, claiming a gift of the property, filed the deed…