Hagen v. Mills

Citations

• 74 Wash. 462
• 133 P. 1000
• 1913 Wash. LEXIS 2079

Syllabus

<p>Municipal Corporations — Streets — Vacation — Effect — Notice. An order of vacation of streets being a public record, is in legal effect an amendment of the plat and subsequent purchasers take with notice thereof.</p> <p>Same — Vacation—Title. Under Rem. & Bal. Code, § 7846, providing that on the vacation of a street, the same shall be attached to the lots bordering thereon, and that title shall vest in the persons owning the property on each side thereof in equal parts, title to a vacated street passes in fee simple to one owning all the land on both sides of the street.</p> <p>Same — Title to Vacated Streets — Status as Distinct Tract— Deed of Abutting Lots — Effect. Where, by the vacation of a street, the owner of all the land on both sides of the street acquired the title to the street, and conveyed the whole property describing the street as a distinct parcel, its future status as such is fixed, and the conveyance is notice to all subsequent grantees in the chain of title that the street is to be treated as a separate tract which does not pass by a subsequent conveyance of abutting lots; since the owner could fix its status and convey it apart from the lots, land is not appurtenant to land, and subsequent purchasers do not buy with reference to a platted street where there is none at the time of their purchase.</p> <p>Appeal — Review—Record — Exceptions — Decree Without Findings. In an equity ease, in which no findings are made, a general exception to the decree is sufficient to obtain a review of the evidence, under Rem. & Bal. Code, § 382, providing that it shall not be necessary to take an exception to any ruling or decision which is embodied in a written judgment, order or journal entry, except findings of fact etc.</p>