Mugaas v. Smith

33 Wn.2d 429, 206 P.2d 332, 9 A.L.R.2d 846 (1949)

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Nature of the Case

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Facts

Mugaas (P) and Smith (D) were owners of adjoining land. Between 1910 and 1928 there was a fence which marked the boundary between the parties' property. However, by the time D bought their property in 1941, the fence had disintegrated, and P had begun making use of a strip of land beyond her property line. D's deed reflected the fact that this land was included in their parcel, but there was no boundary marker or anything to indicate to D that P was claiming title to the strip of land. The lower court found for P. D appeals.