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Abrams v. State

Citations

  • 45 Wash. 327
  • 88 P. 327
  • 1907 Wash. LEXIS 468

Syllabus

<p>Aliens — Title to -Real Estate. One who conveys land to an alien has no right to the property on the theory that the deed is void, under Const., art. 2, § 33, so declaring, since the deed is void as against the state only, which alone can raise objection to the alien ownership of real property.</p> <p>Same — Estoppel. A deed to an alien estops the grantor from claiming an interest in the land, where he received the consideration and made no claim during the life of the grantee while valuable improvements were being made thereon.</p> <p>Same — Descent—Right to Transmit and Take by Inheritance. Under statutes 11 and 12, Will. Ill, ch. 6, modifying the common law of England so as to enable English subjects to inherit from an alien, and which is a part of our common law, and under our constitution giving an alien a right to take title by inheritance, no disability exists in an alien to transmit title by inheritance, and aliens may receive title by inheritance from an alien (Dunbar and Root, JJ., dissenting).</p> <p>Same — Escheat—Loss of State’s Rights. The state loses its right to escheat lands held by an alien contrary to the provisions of the constitution, by failing to institute proceedings therefor during the lifetime of the alien owner (Dunbar and Root, JJ., dissenting).</p>

Judges: Crow, Dunbar

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