Douglass v. Tillicum Development Co.

Citations

• 116 Wash. 318
• 199 P. 451
• 1921 Wash. LEXIS 835

Syllabus

<p>Public Lands (20)—Possessoby Rights—Townsites—Advebse Claims—Affidavit—Sufficiency. The object of the .Townsite Act of Congress, March 2, 1867, and of Rem. Code, § 9469, for the purpose of carrying the Federal act into effect, being for the benefit of the occupant of the land at the time of entry, the failure of a claimant to state in his affidavit of possessory rights who was the occupant of the lots at the time of entry of such townsite, would not be sufficient to defeat his title upon a contest by another, where the evidence showed the former claimed directly under a conveyance from one who was the occupant at the time of the townsite entry.</p> <p>Same (21)—Townsites—Rights Acquiked by Entby. In a contest over lots under the Federal Townsite Act, where the court found plaintiff and his predecessor in interest had been in exclusive possession of all the lots, his failure to enclose some of the lots would not affect his title thereto, where the court further found they had been left unfenced for road and pasturage purposes.</p>