HARRIS v. SWART MORTGAGE CO.

No. 32041.

41 Wn.2d 354 (1952)

249 P.2d 403

FRED G. HARRIS et al., Appellants, v. SWART MORTGAGE COMPANY et al., Defendants, HOWARD BOOTH et al., Interveners and Respondents.

The Supreme Court of Washington, Department One.

October 23, 1952.


Attorney(s) appearing for the Case

James Leavy, for appellants.

Horrigan, Merrick, Peterson & Merrick, for respondents.


DONWORTH, J.

This is a contest between two claimants to a strip of land in section 18, township 9 north, range 29 E.W.M., situated in Franklin county. All of the strip lies in government lot 3 of section 18 except a small corner which is in government lot 2.

The land is vacant, unimproved and unfenced and has never been occupied. It lies lengthwise along the left bank of the Columbia river, which flows southeast; it is roughly rectangular in shape, approximately...

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