Tamblin v. Crowley

Citations

• 99 Wash. 133
• 168 P. 982
• 1917 Wash. LEXIS 1019

Syllabus

<p>Courts—Rule or Decision. A decision that has become a rule of property for over ten years should not be overruled, although the court, as now constituted, thinks it unsound.</p> <p>Dedication—Highways—“County Road”—Abandonment. A dedicated street in a plat outside the limits of an incorporated city or town is a “county road” within Rem. Code, § 5673, and therefore subject to abandonment by failing to open it to public travel for the space of five years after the dedication, as provided in the act.</p> <p>Adverse Possession—Abandoned Street—Adverse Holding. Adverse holding by actual possession of an abandoned street for more than ten years, ripens into a title, unless subject to an easement of a private nature.</p> <p>Taxation—Tax Sales—Right Subject—Easement. After the vacation of a street by abandonment, it becomes subject to taxation; and a tax foreclosure sale divests not only the legal title, but also a private easement therein acquired through receiving a conveyance of a lot abutting on the street.</p> <p>Same—Tax Deed—Action to Cancel—Limitation. In view of Rem. Code, § 162, limiting an action to cancel a tax deed to three years, after a tax deed has remained unchallenged for twelve years, it cannot he attached for premature commencement of the tax foreclosure. •</p>