City of Seattle v. Moeller

Citations

• 72 Wash. 99
• 129 P. 884
• 1913 Wash. LEXIS 1411

Syllabus

<p>Highways — Establishment—Prescription — Evidence — Sufficiency. A sixty-foot strip of land, petitioned for as a county road in 1873, is not established as a highway by prescription, where its use as a highway was begun in 1895, without record authority, and was interrupted in 1904 by placing fences with gates across it and posting notices declaring it to be private property; since the use was not uninterrupted and continuous for ten years.</p> <p>Estoppel — By Recobd — Highways—Petition to Vacate. A petition to vacate a portion of a highway does not estop the signer from asserting title thereto, on denial of the petition, where the necessary elements of an estoppel are not present.</p>