Dawson v. Greenfield

Citations

• 118 Wash. 454
• 203 P. 948
• 1922 Wash. LEXIS 662

Syllabus

<p>Easements (12) — Implied Grants — Ways in General. Where a deed to part of a tract of land contained a clause following the warranty reciting “and a road '30 feet wide from Lebbe county road to the premises above described,” nothing more than an easement was granted for a right of way which existed by implication, since there was no other means of access to the county road.</p> <p>Same (12). An easement of a way by implication will pass to the grantee of a parcel of an entire tract of land if it is necessary for the convenient and comfortable enjoyment of. the property as it existed when the severance was made.</p> <p>Appeal (133) — Preservation op Grounds — Pleadings—Amount op Recovery. The relief sought by plaintiff in his complaint limits his recovery on appeal, where he made application for a larger amount and subsequently withdrew it in the court below.</p>