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.

ANALYSIS:
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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