Davis v. Richards

Citations

• 23 Wash. 432
• 63 P. 211
• 1900 Wash. LEXIS 373

Syllabus

<p>PUBLIC LANDS — SIMULTANEOUS ENTEY — AWABD OE ENTEY TO ONE EOE JOINT BENEFIT — WAIVES.</p> <p>Where in a contest over the right to enter a certain forty acres of public land it is held by the land department that the entries of both contestants were simultaneous, that each was entitled to share therein, and that entry should be allowed in the name of one on his agreeing to convey to the other a certain portion thereof, the one to whom entry is granted is constituted, in effect, a trustee for the other, and bound to carry out the trust; and the fact that the cestui que trust prosecuted an appeal from the decision and refused, pending such appeal, to accept and sign an agreement in writing presented to him by the entryman, which provided for conveyance of such portion after the latter perfected title, would not constitute a waiver of the rights given under the ruling of the land department.</p>