Pierce v. Kennedy

The opinion of the court was delivered by

Anders, C. J.

— The facts in this case are substantially the same as those presented in the case of Eisenbach v. *325Hatfield, ante, p. 236, and by agreement of counsel the two cases were argued and submitted together; and, for the reasons given in the opinion filed in that case, the judgment of the court below should be reversed. But there is an additional reason why appellees cannot prevail in this action. They alleged in their complaint, substantially, that they were the owners of certain lots in the city of Tacoma, bordering upon the waters of Puget…