Humphrey v. Jenks

This action was brought to establish a private easement over a portion of a vacated street in the Town of Mukilteo, title to the vacated portion involved being in the appellants, who own Lot 29 of West & Wheeler’s Seaview 5-acre tracts, Snohomish County. The respondents own Lot 30, which adjoins Lot 29 on the south. Both properties are adjacent on the east to a road which was the Seattle-Everett Speedway at the time the plat was dedicated.

In about the year 1941 a new state highway was constructed more or less parallel to and overlapping the old speedway. This highway was graded so that a…