Smith v. King County

Citations

• 80 Wash. 273
• 141 P. 695

Syllabus

<p>Highways — Vacation — By Abandonment — Use—Sufficiency. Streets in a plat outside of an incorporated town are not opened for public use within the space of five years after the filing of the plat, within Rem. & Bal. Code, § 5673, vacating such streets, where, during such time, the travel was only casual and intermittent and by foot paths through brush and stumps to reach a camping place without reference to the dedicated way.</p> <p>Dedication—Vacation of Streets—Abandonment—Deed as Irrevocable Dedication. Upon an issue as to the vacation of a street in an unincorporated town by failing to open the same within five years after the filing of the plat, conveyances of certain lots and blocks by reference to the plat do not operate as an irrevocable dedication of the streets, where the purchasers were not parties to the litigation and their rights could not be affected by the result.</p> <p>Estoppel—Parties Entitled to Claim. An estoppel operates only in favor of those who have been misled to their injury, and they alone can set it up.</p> <p>Dedication—Vacation of Streets—Abandonment—Deed as Re-dedication—Revocation Thereof. Where streets in an unincorporated town were vacated by abandonment, a deed of general warranty subject to all easements, rights and privileges granted to the public by the plat and dedication thereof, does not operate as a rededication of the streets, since the easements therein had been extinguish^ by operation of law; especially where, twenty days later, the grantees acquired title by a deed of general warranty without any exception clause; since any implied easement would he thereby revoked.</p>