Magelssen v. Cox

Langenbach, J. †

This is an action to quiet title by adverse possession for more than 10 years and to recover damages for trespass. The wives are joined as nominal parties. The court quieted title and awarded damages, and defendants have appealed.

The grandfather of respondent husband (hereinafter referred to as respondent) owned 40 acres of land on Camano Island. He died intestate, leaving six children as heirs. In the probate proceedings, this 40-acre tract was partitioned; respondent’s mother received the north one-half and her brother, John, received the south one-half. The boundary line…