Sunday, April 28, 2013

Mugaas v. Smith case brief

Mugaas v. Smith case brief summary
206 P.2d 332

CASE SYNOPSIS: Appellants challenged the judgment of the Superior Court for Yakima County (Washington) which quieted title in a strip of land granted to them by warranty deed to respondent, based on respondent's claim of adverse possession.

FACTS: Respondent and appellants were owners of adjoining properties. Respondent filed action to quiet title to a strip of land she claimed by adverse possession. Appellants purchased their property with a record title which included the disputed strip, and there were no markings or other items on the property to put appellants on notice that respondent claimed the strip. A fence that marked the boundary line had disintegrated 13 years earlier. Appellant challenged the trial court judgment quieting title in the strip to respondent.

The court affirmed because respondent's title matured under statute of limitations and was not subject to the recording act. Consequently, respondent's title could not be divested by a bona fide purchaser.

CONCLUSION: The court affirmed the judgment because titles which mature under statute of limitations are not subject to recording acts, thus respondent's title could not be divested by a bona fide purchaser.

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