Norton v. Gross

Citations

• 52 Wash. 341
• 100 P. 734
• 1909 Wash. LEXIS 1117

Syllabus

<p>Reformation of Instruments — Mutual Mistake — Evidence — Sufficiency. The evidence clearly shows a mutual mistake, warranting the reformation of a deed to one and one-half lots, so as to include a parcel of land formerly constituting an alley between the lots, which had been vacated, where it appears that the vendors pointed out the lines of the entire tract as one parcel and represented that it abutted on both streets, and it was occupied as one tract for residence purposes at the time.</p> <p>Quieting Title — Cloud—What Constitutes. Hostile assertion of title to a parcel of land, formerly an alley which had been vacated, by the former owner of abutting lots, constitutes a cloud on the title which may be quieted unde'r Bal. Code, § 5521.</p> <p>Streets — Vacation of Alley — Retorsion to Lot — Deeds—Property Conveyed! Upon the vacation of an alley it becomes attached to the lots as the property of the abutting owner, under Bal. Code, § 1269, and the title thereto passes under a conveyance of the lots, as a part of such lots.</p>