McGlauflin v. Holman
Washington Supreme Court
Appeal from District Gourt, Spokane County. Action by N. F. Holman, Rosamond Holman and Phoebe B. Green against George McGlauflin and F. B. Handley, to recover possession of certain premises in the city of Spokane Falls. Defendants held possession under a lease for three years from one Henry L. Tilton, given them on the 15th day of May, 1888, properly signed, sealed and witnessed, but not acknowledged.
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Appeal from District Gourt, Spokane County. Action by N. F. Holman, Rosamond Holman and Phoebe B. Green against George McGlauflin and F. B. Handley, to recover possession of certain premises in the city of Spokane Falls. Defendants held possession under a lease for three years from one Henry L. Tilton, given them on the 15th day of May, 1888, properly signed, sealed and witnessed, but not acknowledged. The defendants took possession under the lease, paid rent to the lessor and erected a blacksmith shop thereon. Said Tilton sold the premises to plaintiffs, who had knowledge of defendants’…
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.
It appears in this case by appellants’ answer that on May 15, 1888, one Henry L. Tilton agreed to execute to appellants a lease of certain lands in the city of Spokane Falls for the term of three years from said date; and on said day by a written instrument purported to lease the same to them accordingly. The instrument was invalid by reason of its having no acknowledgment, although it was otherwise sufficient. It further appears by the answer that appellants went into and remained in possession of the premises, made several payments of rent…
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