Legal Opinion

Durrah v. Wright

Court of Appeals of Washington

Decided February 14, 2003No. 28410-3-IIPublishedCited by 7 opinions

1Opinion of the Court

Morgan, J. —

The question is whether a plaintiff claiming title by adverse possession has the right to a jury trial under article I, section 21 of the Washington Constitution. The answer is no if, as is true here, the plaintiff presently possesses the disputed land.

*636Richard and Jolan Durrah sued Wright,1 the titleholder of record, to quiet title to land on which the Durrahs were then maintaining a pipeline. The Durrahs alleged that they had been “in actual, open, adverse, notorious, and uninterrupted possession for more than ten (10) years[,]” and that they had acquired title by adverse…

2Cases cited40 opinions

  1. Brown v. Safeway Stores, Inc.Washington Supreme Court · 1980
  2. Chaplin v. SandersWashington Supreme Court · 1984
  3. State v. ChapmanWashington Supreme Court · 2000
  4. State v. ChapmanWashington Supreme Court · 2000
  5. Finch v. MatthewsWashington Supreme Court · 1968

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3Cited by7 opinions

  1. Green v. HooperCourt of Appeals of Washington · 2009
  2. Green v. HooperCourt of Appeals of Washington · 2009
  3. Durrah v. WrightCourt of Appeals of Washington · 2003
  4. Wynn v. EarinCourt of Appeals of Washington · 2005
  5. Wynn v. EarinCourt of Appeals of Washington · 2005

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