M'Whorter v. Forney Bros.

Citations

• 69 Wash. 414
• 1912 Wash. LEXIS 923

Syllabus

<p>Highways—What Constitutes—Prescription. Roads across unimproved arid lands become public highways by user, where they were well defined and commonly traveled for more than thirty years, the county officers repaired and improved them within the last five years, and the public used them continuously as public highways for many years.</p> <p>Vendor and Purchaser—Incumbrances—Rescission by Vendee —Highways. Public roads across a tract of land which are shown to be an injury and not a benefit to the land, decreasing the value $50 per acre, are incumbrances, and a purchaser is not thereby estopped to rescind the sale on account of knowledge of the roads, where he did not know that they had become public highways by prescription.</p>