Biles-Coleman Lumber Company, Appellant, v. Victor Lesamiz et al., Respondents 1, 49 Wn.2d 436

Summary

The company argued that the trial court erred in concluding that the buyers were subsequent bona fide purchasers entitled to the land and timber rights. On appeal, the court disagreed and affirmed. According to Wash. Rev. Code § 65.08.070, the status of the record was tantamount to a failure to record a conveyance as against a subsequent purchaser in good faith from the same vendor. The record disclosed that the buyers paid a valuable consideration for their property, and the buyer's corroborated testimony established that they had no knowledge of the company's claim to the timber rights on the disputed tract prior to their purchase and to the company's assertion of its claim. Further, the buyers' acceptance of tax contributions from the company established only that the buyers were willing to accept the payment as full settlement of the company's tax account; it did not show notice to the buyers of the company's claim to the timber rights. Thus, the buyers were subsequent bona fide ...