Cascade Public Service Corp. v. Railsback

Citations

• 59 Wash. 376
• 109 P. 1062
• 1910 Wash. LEXIS 1206

Syllabus

<p>Public Lands — Homestead — Conveyance Before Final Proof. Under U. S. Rev. St. §§ 2290, 2291, the transfer of any interest in a homestead before final proof, except as expressly authorized by law, is contrary to public policy and void.</p> <p>Same — Right of Way ■— Water Rights — Statutes. The alienation by a homesteader, before final proof, of a right of way for a water flume to convey water for power purposes is void, since it is .not within U. S. Rev. St. §2288, as amended by 26 St-, at L. 1097, authorizing the conveyances of a right of 'way for railroads, canals, reservoirs, or ditches “for irrigation or drainage across it,” nor would the conveyance of the “water right” be within said statute.</p> <p>Same — Transfers Ratified After Final Proof — Specific Performance. A contract for the conveyance of an interest in a homestead, void because made before final proof, is not ratified or rendered valid by a tender of performance and the acceptance of part of the purchase price, after final proof, so as to authorize specific performance of the contract, since the plaintiff is relying on the original contract, which was against public policy and unenforcible regardless of consideration by the court of the parties to it.</p>