65 Wash. 490 | Wash. | 1911
— This action was commenced by Frank R. Spinning and Sarah A. Spinning, his wife, against Lewis M. Pugh and sixteen other defendants, to quiet title to land. In January, 1890, Frank R. Spinning obtained from the United States government a final receiver’s receipt, and on April 8, 1893, a patent to certain lots in sections 26 and 27, township 20, north, of range 4, east of the Willamette Meridian. This land was on the south bank of the Puyallup river. On March 26, 1890, the plaintiffs platted it -as Frank R. Spinning’s addition to the town of Puyallup. The dedication recited that the grantors “do hereby lay out and plat into blocks, lots, streets, and alleys the following described tract of land lying in sections 26 and 27, in Tp. 20‘, N. R. 4 E., W. M., viz., that part of lot 17 in sec. 26 which lies N. of the right of way of the Northern Pacific railroad, and all of lots 13, 14, 15, 16, 17 and 18 in sec. 27 . The sizes of the lots and widths of streets and alleys are as indicated on the plat, . . .” Although the subdivisions on the plat are called lots in the dedication, they are mentioned as blocks in the evidence, to distinguish them from the original government lots. We will call them blocks in this opinion.
The original plat shows blocks 4 to 11 inclusive are each and all of them inclosed within lines the lengths of which are clearly stated. In the year 1891, plaintiffs filed a replat of a portion of the addition, which includes the blocks owned by defendants. It is apparent the only purpose of this replat was to dedicate a strip sixty feet in width off of the south end of blocks 4 to 12 inclusive for street purposes, and that no other change was made. The trial court in substance found that, on or about March 26, 1890, plaintiffs were the owners in fee simple of the government lots by grant from the United States; that on and prior to that date the land was bounded on the north by ordinary high water of the Puyallup river; that plaintiffs then made and filed the original plat, which was duly recorded; that on October 20, 1891, they made and filed the replat, which was also recorded; that
“That at and prior to the time of filing said plat and re-plat, there was, between the north boundary lines of said blocks 4, 5, 6, 7, 8, 9, 10 and 11 of said addition, and the line of ordinary high water on the south bank of the Puyallup river, occupying all of the space’between the north line of said blocks and the line of ordinary high water of the Puyallup river, a strip of land of varying width and irregular boundaries, which strip of land extended from the westerly line of block four (4), projected northward from the northwest corner of said block four (4), to the line of ordinary high water mark, on the south bank of the Puyallup river, and thence easterly along the fine of ordinary high water mark on the south bank of the Puyallup river to the intersection of said line of ordinary high water, with the easterly boundary line, block eleven (11), projected northward from the northeast corner of said block eleven.
“That at all times since the filing of said plat, the strip of land last above described and lying between the north boundary line of blocks 4, 5, 6, 7, 8, 9, 10 and 11, in said addition, and the line of ordinary high water on the south bank of the Puyallup river, has been vacant and unoccupied.
“That the plaintiffs are now the owners in fee simple of said strip of land above referred to.”
Upon these findings, a decree was entered in plaintiffs’ favor. The defendants have appealed.
Appellants’ controlling contention is that the trial court erred in the findings made. We have carefully examined the evidence and conclude they must be sustained. The original plat shows an unplatted area of upland between the river and the north line of the blocks now owned by appellants. It also shows the boundary lines and exact dimensions of each block. Oral evidence was also introduced sufficient to show, that a considerable tract of land actually existed at the date of the plat between the north line of the blocks and the high water mark of the river; that the blocks were staked on the ground in accordance with the boundary lines, distances, and measurements detailed on the plat; that respondents’ various
There is no serious dispute as to where, under the law, the title to the accretions should go. There is an issue as to whether appellants or respondents owned the upland extending to the high water line and were entitled to the accretions. The trial court found, and we find, it was owned by respondents, and that title to the accretions passed to them.
“Land formed by alluvion, or the gradual and imperceptible accretion from the water, and land gained by reliction, or the gradual and imperceptible recession of the water, belong to the owner of the contiguous land to which the addition is made.” Gould, Waters (3d ed.), § 155.
See, also, 29 Cyc. 349; Saulet v. Shepherd, 4 Wall. 502; Ocean City Ass’n v. Shriver, 64 N. J. L. 550, 46 Atl. 690, 61 L. R. A. 425.
Appellants also claim title to the disputed strip and the accretions under the provisions of §§ 156, 786, 788, and 789, Rem. & Bal. Code. Sufficient evidence to sustain these contentions does not appear in the record. It is undisputed that fences were maintained along the north line of the platted blocks, separating appellants’ holdings from the land in dispute. While there is some evidence to show adverse posses
Appellants lay especial stress upon the fact that the dedication attached to the plat declares all of the government lots in which their blocks are located were platted, and insist this statement excludes the possibility that any portion thereof remained unplatted. They contend this recital indicates an intention on the part of respondents to reserve no unplatted portion of the government land between the blocks and river, and seem to also contend that by the plat some sort of a dedication was made beneficial to them. The use of the word “all” is not material as affecting the size, location, or boundaries of the blocks. They appear upon the map, and can be located on the ground without trespassing upon the disputed tract. Were any question before us as to some portion of respondents’ land which they had dedicated to the public, it is possible that respondents’ use of the word “all”
Fullerton, Morris, and Parker, JJ., concur.