Hanford v. City of Seattle

Citations

• 92 Wash. 257
• 158 P. 987
• 1916 Wash. LEXIS 1144

Syllabus

<p>Dedication — By Plat — Sufficiency—“Park”—Statutes. Under Code of 1881, §§ 2332 and 2329, providing that all streets and alleys in a town plat shall he considered public highways, and that every donation or grant to the public, individuals or societies, etc., “marked and noted as such,” shall be considered as a quitclaim deed to the donee, a dedicated plat containing a tract marked “East Park” or Block 32, is wanting in any affirmative words or expressions indicating an intent to donate the tract as a park, as required by the statute.</p> <p>Same — “Park”—Revocation. If such doubtful plat was a donation in intention, it was revoked where, prior to acceptance or use by the public, it was reserved from conveyances and conveyed by deed as the private property of the dedicators, and again conveyed.</p> <p>Same — “Park”—Acceptance—Estoppel. Where there was no acceptance of a doubtful dedication of a tract as a park, the inclusion of the same for many years in the mass of taxable property by the levy and collection of taxes and assessments constitutes a rejection by the public, and estops the city from asserting that it is public property.</p>