Gardenspot Ranch, Inc. v. Baker

521 P.2d 757, 11 Wash. App. 109, 1974 Wash. App. LEXIS 1213
CourtCourt of Appeals of Washington
DecidedApril 26, 1974
DocketNo. 846-3
StatusPublished
Cited by2 cases

This text of 521 P.2d 757 (Gardenspot Ranch, Inc. v. Baker) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardenspot Ranch, Inc. v. Baker, 521 P.2d 757, 11 Wash. App. 109, 1974 Wash. App. LEXIS 1213 (Wash. Ct. App. 1974).

Opinion

Green, C.J.

Plaintiff, Gardenspot Ranch, Inc., brought this action to quiet fee title in itself to 40 acres of land in Stevens County, described as the “NW % of the NE % of Section 20, Township 30 North, Range 42 E.W.M.,” subject only to the interests of plaintiff, Kedric and Ann Baker, his wife, as contract purchasers. The defendants, Maxwell R. and Lucille Baker, his wife, deny plaintiffs’ claim to the property and assert that fee title should be quieted in themselves. Defendants appeal from a decree in favor of plaintiffs, assigning error to the findings of fact and conclusions of law.

Section 20 was originally owned by Deer Park Lumber Company. On November 1, 1938, Deer Park Lumber Company, by warranty deed, transferred

That portion of Section 20 .- . . which lies West of the Summit of the range of hills which run approximately North and South, a little to the East of the West tier of forties, approximately 200 acres.

to Carl Bauer. On January 19, 1942, North Columbia Co., a successor to Deer Park Lumber, by warranty deed transferred

all except that portion which lies West of the summit of the range of hills which run approximately north and south a little to the east of the west tier of forties, approximately two hundred (200) acres, of Section Twenty (20); . . .

to John G. Escure. Except as noted later, the chain of title emanating from Bauer and Escure failed to adopt the description used by Deer Park Lumber and North Columbia.

Defendants’ claim of title is derived through a chain of deeds originating with Bauer. On January 21, 1942, Bauer transferred the following property in section 20:

The North one-half (N .%) of the Northwest quarter (NW % and the Southwest quarter (SW %) of the [111]*111Northwest quarter (NW %) and the West one-half (W %) of the Southwest quarter (SW %) of Section Twenty (20), . . .

to Bertha Schuster. This description will hereinafter be called, the “five 40’s” because it consists of the west tier of 40’s in section 20 plus the NE % of the NW % — a total area of 200 acres. Warranty deeds containing this description were thereafter executed as follows:

Bertha Schuster to Thomas Carlson — September 4, 1946.
Thomas Carlson to Murry Findley — May 10,1948.
Murry Findley to defendants Baker — November 5, 1951.

This chain of title also contains three quitclaim deeds to property described as

That portion of Section 20 . . . which lies west of the summit of the range of hills which run approximately north and south, a little to the east of the west tier of forties, containing approximately 200 acres.

i.e., the property initially described in the deed from Deer Park Lumber to Bauer. These quitclaim deeds are as follows:

Bauer to Carlson — July 26,1948.
North Columbia to defendants Baker — September 21, 1955.
Findley to defendants Baker — September 24,1955.

The record does not disclose a similar quitclaim deed from Carlson to Findley. Consequently, Findley held title only to the “five forties” conveyed to defendants on November 5, 1951, and defendants Baker acquired nothing under Findley’s quitclaim deed of September 24, 1955. As a result, defendants’ standing to claim title to the “disputed 40” is highly questionable.

Plaintiffs’ claim of title is derived from a chain of deeds originating with Escure. On July 16, 1948, Escure transferred by warranty deed

the E% and the E% of SW % and the SE % of NW % of Section 20, . . .

[112]*112to Chris J. Lucht and wife. Prior thereto, on June 8, 1948, Escure by quitclaim deed relinquished all interest in the NE % of NW % of section 20 (one of the five 40’s). Thereafter, on September 20, 1948, Carlsons conveyed to Escure by quitclaim deed all of their interest to the SE % of the NW % and the E % of the SW % of section 20 (includes “disputed 40”), i.e., the property conveyed by Escure to Lucht. On December 28, 1948, Luchts by warranty deed conveyed to plaintiff, Gardenspot Ranch, Inc., the property described in the Escure-Lucht deed. Subsequently, on March 3, 1950, Escure conveyed by quitclaim deed to plaintiff, Gardenspot,

all except that portion which lies West of the summit of the range of hills which run approximately North and South a little to the East of the West tier of forties, approximately 200 acres, of Section 20.

The testimony shows that Gardenspot took possession of the disputed 40 acres in 1949 by constructing a 4-wire barbed wire fence along the east and south boundary line of the “disputed 40” and thereafter pastured 300 to 350 head of cattle on it along with land located in the adjoining section to the north. The southwest corner of the “disputed 40” was marked by an iron stake that was pointed out by Carlson to Findley in 1948 as being the east boundary of Carlson’s property which was being purchased by Findley. Findley indicated the same stake as the boundary when he sold to defendants. The fence was maintained and in existence when Gardenspot sold the “disputed 40” and other land on contract to plaintiffs Baker in 1965. Plaintiffs paid taxes on the “disputed 40” beginning in 1949 and each year thereafter.

The evidence shows defendants took possession of the “five 40’s” in 1952 and neither they nor their predecessors in title objected to the construction or maintenance of the fence by Gardenspot or to the use of the land by Garden-spot. The first objection occurred after Gardenspot sold the “disputed 40” to plaintiffs Baker in 1965.

The trial court found that (1) the initial deeds by Deer [113]*113Park Lumber and North. Columbia were ambiguous; (2) the subsequent deeds in defendants’ line of title using the “five 40’s” or 200-acre description, plus Carlson’s pointing out to Findley of the east boundary of his ownership at the time of sale to Findley and the lack of claim by them to any other property in section 20 constituted an interpretation of the ambiguous deed from Deer Park Lumber as conveying only the “five 40’s” or 200 acres; (3) such intent or interpretation is supported by the description contained in the deeds in plaintiffs’ line of title and by the exchange of deeds between Escure and Carlson; and (4) Gardenspot purchased the “disputed 40” in good faith for value from Lucht and was in actual, open and notorious possession under claim and color of title made in good faith. Based upon these findings, a decree was entered quieting title in plaintiffs.

Defendants claim the trial court committed two basic errors: (1) the deeds from Deer Park Lumber and North Columbia should not have been held ambiguous or indefinite; and (2) plaintiffs are not entitled to ownership based upon adverse possession under claim and color of title as provided in RCW 7.28.070.

We will first discuss the second claimed error. The trial court found:

VI.
That by said warranty deed dated December 29, 1948 from Chris J. Lucht et ux.

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Related

Campbell v. Reed
134 Wash. App. 349 (Court of Appeals of Washington, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
521 P.2d 757, 11 Wash. App. 109, 1974 Wash. App. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardenspot-ranch-inc-v-baker-washctapp-1974.