Thomas v. Spencer

Citations

• 69 Wash. 433
• 125 P. 361
• 1912 Wash. LEXIS 927

Syllabus

<p>Waters and Water Courses—Appropriation—Right to Obstruct —Disseizin—Adverse Possession. Tbe right to obstruct the outlet of a lake, acquired by appropriation in 1883, is lost by disseizin and adverse possession, where the dam was removed in 1892, and thereafter the shores of the lake were held in open, exclusive, notorious and adverse possession for more than ten years, and until a new dam was built in 1909, without any obstruction of the lake except by permission in 1907 for four months, and except that once each year during the rainy season, without the knowledge of the owners, a few stones and pieces of wood were thrown into the narrow outlet of the lake (the work requiring about fifteen minutes) and removed in April or May thereafter.</p>