Wash. Rev. Code » Title 7 · Chapter 7.28
Revised Code of Washington

Wash. Rev. Code § 7.28.140 (2026)

Verdict of jury

✓ current as of May 2026
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The jury by their verdict shall find as follows:
(1) If the verdict be for the plaintiff, that he or she is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his or her estate in such property, part thereof, or undivided share or interest, in either, as the case may be.
(2) If the verdict be for the defendant, that the plaintiff is not entitled to the possession of the property described in the complaint, or to such part thereof as the defendant defends for, and the estate in such property or part thereof, or license, or right to the possession of either established on the trial by the defendant, if any, in effect as the same is required to be pleaded.
[ 2011 c 336 s 174; Code 1881 s 540; 1877 p 113 s 544; 1869 p 129 s 492; RRS s 795.]

Notes:

Rules of court: CR 49.
General, special verdicts: RCW 4.44.410 through 4.44.440.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2025 · leading case: Durrah v. Wright, 63 P.3d 184 (Wash. Ct. App. 2003).
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Durrah v. Wright, 63 P.3d 184 (Wash. Ct. App. 2003). · cites it 9× “But RCW 7.28.140, which clearly applies to ejectment actions, creates a question.”
Durrah v. Wright, 115 Wash. App. 634 (Wash. Ct. App. 2003). · cites it 8× “[ 41 ] RCW 7.28.140 was first enacted in 1869. 42 It was reenacted in 1877 and 1881.”
Davidson v. State, 802 P.2d 1374 (Wash. 1991). “060, which provides that issues of fact in an action for recovery of specific real property shall be tried by a jury, and RCW 7.28.140, which provides for a special jury verdict in an ejectment action.”
John Kindt Et Ano, Apps. V. Greg Cunningham Et Ano, Res. (Wash. Ct. App. 2025). “Finally, under RCW 7.28.140, a plaintiff will prevail if the jury finds they are “entitled to the possession of the property described in the complaint” and determines “the nature and duration of his or her estate in such property[.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.