RCW 58.28.360
Proof of right—Costs upon failure of both conflicting parties.
If in any action brought under this chapter, or under said acts of congress, the right to the ground in controversy shall not be established by either party, the court or jury shall so find and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and neither party shall be entitled to a deed to the ground in controversy, and in such action it shall be incumbent upon each claimant or claimants to establish that he, she, it or they, was or were, an occupant of the ground in controversy within the meaning of said acts of congress at the time of the entry of said townsite in the United States land office, or is or are the successor, or successors in interest of such occupant.
[ 1909 c 231 § 36; RRS § 11520. Prior: 1888 c 124 pp 216-220.]
NOTES:
Conflicting claims—Procedure: RCW 58.28.140.
Structure Revised Code of Washington
Title 58 - Boundaries and Plats
Chapter 58.28 - Townsites on United States Land—Acquisition of Land.
58.28.010 - Councils' duties when townsites on United States land.
58.28.020 - Councils' duties when townsites on United States land—Survey and plat.
58.28.030 - Councils' duties when townsites on United States land—Plats—Filing.
58.28.060 - Monuments—Location, placement requisites.
58.28.070 - Monuments—Markings—Surveyor's certificate on plat.
58.28.080 - Plats filed—Auditor's fee.
58.28.100 - Notice of possession filed—Assessment and fee—Certificate—Council record.
58.28.110 - Deficiency assessment—When payable.
58.28.120 - Deed to claimants—Actions contesting title, limitations on.
58.28.130 - Entries on mineral lands—Rights of claimants.
58.28.140 - Conflicting claims—Procedure.
58.28.150 - Notice of filing patent—Abandonment of claim.
58.28.160 - Sale of unoccupied lots—Notice—Minimum price.
58.28.170 - Lands for school and municipal purposes—Funds.
58.28.180 - Effect of informalities—Certificate or deed as prima facie evidence.
58.28.190 - Corporate authorities to act promptly.
58.28.200 - Proof requisite to delivery of deed.
58.28.201 - Title to vacated lots by occupancy and improvements.
58.28.202 - Controversies, by whom settled—Review.
58.28.203 - Platted lands declared dedicated to public use.
58.28.204 - Appeals—Procedure.
58.28.210 - Unincorporated towns on United States land—Superior court judge to file claim.
58.28.220 - Petition to superior court judge—Contents—Procedure.
58.28.230 - Survey and plat—Boundaries—Monuments.
58.28.250 - Survey, notice of—Bids for—Franchises continued.
58.28.270 - Monuments—Location, placement requisites.
58.28.280 - Monuments—Markings—Surveyor's certificate on plat.
58.28.290 - Plats filed—Auditor's fee.
58.28.300 - Assessments—Disposition—Employment of attorney authorized.
58.28.310 - Notice of possession filed—Assessment and fee—Certificate—Judge's record.
58.28.320 - Deficiency assessment—When payable.
58.28.330 - Deed to claimants—Actions contesting title, limitations on.
58.28.340 - Entries on mineral lands—Rights of claimants.
58.28.350 - Conflicting claims—Procedure.
58.28.360 - Proof of right—Costs upon failure of both conflicting parties.
58.28.370 - Notice of filing patent.
58.28.380 - Abandonment of claim.
58.28.390 - Sale of unoccupied lots—Notice—Minimum price.
58.28.400 - Lands for school and public purposes—Expenses as charge against fund.
58.28.410 - Disposition of excess money—Special fund.
58.28.420 - Effect of informalities—Certificate or deed as prima facie evidence.
58.28.430 - Proof requisite to delivery of deed.
58.28.440 - Platted lands declared dedicated to public use.
58.28.450 - Clerk's duties when judge trustee.
58.28.460 - Accounting and depositing money—Promptness.
58.28.470 - Records filed with county clerk.
58.28.480 - Judge, a trustee for purposes herein.
58.28.490 - Appellate review—Procedure.
58.28.500 - Succession of trust.
58.28.510 - Title to vacated lots by occupancy and improvements.