Book v. Thomas

Citations

• 61 Wash. 607
• 112 P. 917
• 1911 Wash. LEXIS 1129

Syllabus

<p>Public Lands — Tide Lands — Preference Right to Purchase— Abutters — Holder of Legal Title. The statute giving to the owner of uplands the preference right to purchase abutting tide lands from the state for the period of sixty days after the filing of the tide lands plat, has reference to the owner of the legal title to the uplands during the sixty days when the right must be exercised; and confers no rights upon a vendee in possession under a contract of sale with deed in escrow, who did not acquire legal title by full payment of the price and delivery of the deed until nine months after the tide lands plat was filed.</p> <p>Same — Contract of Sale — Reservation—Construction. It will not be inferred that a vendor of uplands retaining legal title, intended to assign his preference right to purchase tide lands prior to parting with his title, by reason of the reservation in his contract of the mutual use of a dock situated on the tide lands; since the reservation shows either that it was thought that the dock was partly on the upland, or that it might pass as an appurtenance unless reserved.</p> <p>Same — Title—When Passes — Relation—Deeds—Delivery —Escrow. Where the vendor of uplands under contract of sale executed and placed in escrow a deed, the delivery of the deed cannot be held to relate back to the time of the delivery in escrow, so as to work an assignment of the vendor’s preference right to purchase tide lands as owner of the legal title prior to final payment and final delivery of the deed.</p> <p>Fullerton, J., dissents.</p>