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KOBZA v. TRIPP

No. 18988-1-III.

18 P.3d 621 (2001)

105 Wash.App. 90

John E. KOBZA, Jay E. Kobza, and Mary A. Fish, Respondents, v. Larry T. TRIPP and Alma M. Tripp, husband and wife, Appellants.

Court of Appeals of Washington, Division 3.

Reconsideration Denied March 28, 2001.

Attorney(s) appearing for the Case

Pamela H. Rohr, Spokane, for Appellants.

Jerry L. Kagele, Spokane, for Respondents.

SWEENEY, J.

A quiet title action is an equitable action. It allows a party in peaceable possession of real property to compel others who assert a hostile right to assert that right and submit it to judicial determination. Because it is an equitable action, damages are not ordinarily allowed in a quiet title action. 17 WILLIAM B. STOEBUCK, WASHINGTON PRACTICE, REAL ESTATE: PROPERTY LAW § 10.11, at 630 (1995). Here, John Kobza, Jay Kobza, and Mary Fish (the Kobzas...

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