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DURRAH v. WRIGHT

No. 28410-3-II.

63 P.3d 184 (2003)

115 Wash.App. 634

Richard and Jolan DURRAH, Appellants, v. Otis E. and Flora WRIGHT, Respondents.

Court of Appeals of Washington, Division 2.

February 14, 2003.

Attorney(s) appearing for the Case

Stephen L. Wozny, Longview, for Respondent.

John Herbert Bigelow, William John Faubion, Cathlamet, for Appellants.

MORGAN, J.

The question is whether a plaintiff claiming title by adverse possession has the right to a jury trial under article I, § 21 of the Washington Constitution. The answer is no if, as is true here, the plaintiff presently possesses the disputed land.

Richard and Jolan Durrah sued Wright,1 the titleholder of record, to quiet title to land on which the Durrahs were then maintaining a pipeline. The Durrahs alleged that...

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