Forster v. Raznik

Citations

• 46 Wash. 692
• 91 P. 252
• 1907 Wash. LEXIS 689

Syllabus

<p>Municipal Corporations — Streets—Obstruction—Adverse Possession — Estoppel. An abutting owner is estopped to claim that a strip of land fourteen and one-half feet wide, between two platted additions to a city, is a public alley, or to maintain 'an action to enjoin its obstruction, where he and his predecessors had stood by for over twenty years while another was in the adverse possession under color of title and claim of right, and while such other improved the property and erected a permanent building thereon, and the city had disclaimed any right to the strip as an alley and levied taxes and assessments against the same.</p> <p>■Injunctions — Parties—Highways—Obstruction. A mortgagee of a strip of land is a proper but not a necessary party to an action to declare the same a public alley, and is properly allowed to intervene therein.</p>