1. Taxation — Action to Recover Land Sold for Taxes — Limitation under Washington Statute.

Code Wash. 1881, § 2939, limiting the time for bringing suits to recover lands sold for taxes to three years, was a part of Act Dec. 1, 1881, “to provide for the assessment and collection of county and territorial revenue,” and was repealed by Act March IS, 1893, p. 385, c. 124, § 137, which expressly repeals “all acts and parts of acts heretofore enacted by the Legislature of the territory or state of Washington providing for the assessment and collection of taxes in this state.”

2. Same — Pleading—Admissions in Bill.

In a bill to set aside a tax title, which sets out the proceedings for selling the property, and alleges their invalidity, a statement that a deed was issued, “whereby and by the terms of which said county treasurer granted and conveyed” the property to the grantee, cannot be construed as an admission that the title passed by such deed.

3. Same — Right to Maintain.

In a suit under Ballinger’s Ann. Codes & St. Wash. § 5521 (Pierce’s Code, § 1156), by one in possession of lands, to set aside a tax title thereon, plaintiff is not required to plead title in himself, nor to prove it even if alleged.

4. Trespass — Title to Support Action — Tax Title — Constructive Possession by Purchaser.

An invalid tax deed does not give the holder constructive possession of fhe property, so as to render another who enters upon and takes actual possession of it a trespasser, nor does the continued payment of taxes thereon by the holder of such deed.

5. Quieting Title — Suit under Washington Statute — Possession to Support.

Under Ballinger’s Ann. Codes & St. Wash. § 5521 (Pierce’s Code, § 1156), which authorizes any one in possession of real property to maintain a suit to determine an adverse claim thereto, it is immaterial that possession was taken for the purpose of instituting the suit, if it was not tortious or in violation of the prior possession of another.

6. Courts — Federal Courts — Enforcement of Remedy Given by State Statute.

A right given by a state statute to one in possession to maintain a suit to quiet title may he enforced in the federal courts.

[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, §§ 972, 973.

State laws as rules of decision in federal courts, see notes to Wilson v. Perrin, 11 C. C. A. 71; Hill v. Hite, 29 C. C. A. 553.]

Ross, Circuit Judge, dissenting.