City of Seattle v. Smithers

Citations

• 37 Wash. 119
• 79 P. 615
• 1905 Wash. LEXIS 683

Syllabus

<p>Appeal and Error — Statement of Facts — Review. A statement of facts is not necessary in an equity case triable de novo on appeal, where the only question for review is whether or not the findings support the conclusions of law and the decree.</p> <p>Hishways — Adverse Use — Way by Prescription. Where a county road has been generally traveled by residents and the public at large, adversely and continuously for more than twenty years, the use could not have been permissive, and it becomes a public road by prescription, regardless of work thereon at the public expense.</p> <p>Same. Bal. Code, § 3846, providing that the public working and use of a road for seven years shall be sufficient to constitute a road by prescription, does not require the expenditure of public work or money where the prescriptive period is co-extensive with the pe> riod of limitation for quieting title to land.</p>