Legal Opinion

State ex rel. Carlson v. Superior Court

Washington Supreme Court

Decided May 28, 1919No. 15254PublishedCited by 31 opinions

Certiorari to review a judgment of the superior court for Kitsap county, French, J., entered February 18, 1919, upon findings in favor of the petitioner, in proceedings to condemn a private way of necessity, after a hearing before the court.

1Opinion of the CourtChadwick, C. J.

C. H. Davis, whom we shall refer to as the petitioner, brought a proceeding in the court below to condemn a private way of necessity over and across the lands of the relators. Some seven years ago, Davis bought a tract of ten acres from his father, D. J. Davis. The tract was land-locked. A county road ran along the north boundary of the D. J. Davis land and along the west boundary of the land of the relators. Petitioner has improved his land, and for the seven years of his ownership has maintained a way over the lands of his father. Conceiving the way over his father’s land to be less…

2Cases cited9 opinions

  1. Alley v. CarletonTexas Supreme Court · 1867
  2. Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
  3. Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
  4. State v. Superior CourtWashington Supreme Court · 1914
  5. Gaines v. LunsfordSupreme Court of Georgia · 1904

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3Cited by31 opinions

  1. Moore Mill & Lumber Co. v. FosterOregon Supreme Court · 1959
  2. Ex Parte CaterSupreme Court of Alabama · 2000
  3. Brown v. McAnallyWashington Supreme Court · 1982
  4. Noble v. SAFE HARBOR PRESERVATION TRUSTWashington Supreme Court · 2009
  5. Noble v. Safe Harbor Family Preservation TrustWashington Supreme Court · 2009

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