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ZOBRIST v. CULP

No. 6639-1-I.

26 Wn. App. 86 (1980)

611 P.2d 1330

ELAINE ZOBRIST, Individually and as Executrix, Respondent, v. FRANK CULP, ET AL, Appellants.

The Court of Appeals of Washington, Division One.

May 5, 1980.

Attorney(s) appearing for the Case

Lyle L. Iversen and Lycette, Diamond & Sylvester, for appellants.

Sam Peach, for respondent.

JAMES, A.C.J.

This case concerns the ownership of a Whatcom County railroad right-of-way easement.

Plaintiff Elaine Zobrist owns the underlying fee of a portion of the easement here in dispute. The original deed of conveyance in 1901 provided in part that:

Said right of way is hereby granted for the purpose of running and operating a Railroad thereover ... Provided always however that if second party shall at any time cease or fail to use the right...

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