Thonney v. Rice

Citations

• 43 Wash. 708
• 86 P. 713
• 1906 Wash. LEXIS 772

Syllabus

<p>Dedication — Peats—Acceptance. The laws in force prior to 1893 (Bal. Code, §§ 1264, 1276), did not expressly reguire any acceptance by the public of plats or additions dedicated to the public.</p> <p>Same — Reservation—Construction—Acceptance. A dedication in a plat of the streets shown, expressly reserving the right to enclose and use the streets until it is necessary to use them as a means of ingress and egress to property sold, does not take effect until the happening of such future event; and an order of the county commissioners, after their use became necessary, reguiring the opening of the streets, was a sufficient acceptance by the public of the dedication.</p> <p>Same — Laches—Abandonment—Adverse Possession — Consistent With Grant. Where a plat dedicating streets expressly reserved the right to enclose and use them until such time as they became necessary for public travel, there can be no guestion of laches or abandonment by the lapse of twenty-three years; since the dedicator provided against the lapse of time by his reservation, so that his occupation was not adverse, but was consistent with the grant; especially where the streets have not been on the tax rolls or any taxes paid thereon during said time.</p>