Herrold v. Case

42 Wn.2d 912 (1953)

259 P.2d 830

H.H. HERROLD et al., Appellants,

v.

OTTO A. CASE, as Commissioner of Public Lands, et al., Respondents.[1]

No. 32129.

The Supreme Court of Washington, En Banc.

July 22, 1953.

Lundin & Barto, for appellants.

Helsell, Paul & Fetterman, for respondents.

WEAVER, J.

The trial court sustained a demurrer to plaintiffs' complaint. This is an appeal from a judgment dismissing plaintiffs' action.

The question, determinative of this decision, is whether the plaintiffs have capacity to maintain this action under the facts alleged.

The facts, as we state them, appear in the complaint.

In…