City of Aberdeen v. Wiley

Citations

• 60 Wash. 434
• 111 P. 457
• 1910 Wash. LEXIS 1064

Syllabus

<p>Reformation of Instruments — Mistake—Right of Grantees — - Estoppel — Highways—Public Lands — State Deed. In an action to reform a state deed for mistake in including a state aid road, established and partly built upon state tide lands, upland owners who subsequently applied to purchase the tide lands cannot take advantage, nor claim ignorance, of a mistake of the commissioner of public lands in executing the deed for the tide lands before receiving a waiver from the grantees as to the strip of land upon which the road was being built, such waiver having been demanded of them.</p> <p>Same — Defenses—Estoppel—Constitutionality of Law — Public-Lands — Tide Lands — Preference Right to Purchase. The purchaser of state tide lands, applying for the same after a state aid road was established and partly constructed across the lands, cannot assert the unconstitutionality of the law establishing the state-aid road and authorizing its construction, in an action to reform the state deed so as to except the road from the deed; the preference-right to purchase not being a vested right, but a mere gratuity.</p> <p>Same — Defenses—Doctrine of Status Quo. In an action to reform a state deed of tide lands by excepting a state aid road through the property, the doctrine of status quo has no application where the grantees knew, at the time the deed was given and the purchase price paid, that the state did not intend to include the-roadway in the conveyance.</p>