Frazier v. Wilson

Citations

• 35 Wash. 625
• 77 P. 1064
• 1904 Wash. LEXIS 488

Syllabus

<p>Tide Lands — Contract to Purchase — Cancellation—Record of Board of Land Commissioners. It is not necessary that thereeord show a formal declaration by the hoard of state land commissioners that a contract for the purchase of oyster lands is canceled for default in payment, where notice having been given, the contract is stamped “canceled” after default for a year and nine months, and thereafter, upon contest with a subsequent applicant, the hoard awards a contract and deed to such subsequent applicant, since the action of the board upon the contest is a sufficient declaration of cancellation.</p> <p>Same — Feaud in Cancellation of Contract — Subsequent Purchaser as Trustee. In an action seeking to hold a purchaser of oyster lands from the state as a trustee of a former applicant therefor, upon the allegation of fraud and collusion in securing the cancellation of the plaintiff’s application, a nonsuit is properly granted, where it appears that the plaintiff was in default in making her deferred payments, that she received a notice to pay or her contract would he canceled, and paying no attention thereto, the contract was stamped “canceled,” whereupon, as claimed, she filed another application, hut no files thereof could be found in the office of the state land commissioner, and, after a contest, the land was awarded by the hoard to the subsequent applicant, there being no evidence of fraud on the part of the purchaser, or that the officers were in any way interested in his contract, and the face of the record showing that the land was open for sale at the time he applied therefor.</p>