Hays v. Merchants Bank

Citations

• 10 Wash. 573
• 39 P. 98
• 1895 Wash. LEXIS 28

Syllabus

<p>tide lands — competency of purchaser — appeal to superior COURT — DISQUALIFICATION OF CONTESTANT — EIGHTS UNDER judicial sale.</p> <p>Under Gen. Stat., § 2170, giving the superior court jurisdiction of appeals from the decision of the state board of equalization and appeal in tide land contests, and under Code Proc., § 49, providing that when jurisdiction is conferred on a court, any suitable process or mode of proceeding conformable to the spirit of the code may be adopted, if the course of proceeding be not specifically pointed out by statute, the superior court can take cognizance of such appeals, although the law may fail to prescribe a method of procedure in such cases, and for this purpose, the most suitable procedure would seem to be in the nature of certiorari.</p> <p>The action of the secretary of the state board of equalization and appeal in transmitting the record of a contest, attested by himself as secretary, to the superior court, although irregular and unwarranted by statute, will not be treated as ground of reversal of the decision of the superior court, when there is no showing that the record is incorrect, in view of the fact that the same course had been followed in other cases, and not to uphold such action would result in overturning many tide land titles.</p> <p>The holder of a sheriff’s certificate of sale of land under execution is not such an owner of the land as to be entitled to any rights under Gen. Stat., § 2172, giving to owners of the lands abutting on tide lands the preference right to purchase.</p> <p>The holder of a sheriff’s certificate of sale of lands abutting on tide lands is not entitled to purchase or contest an application for the purchase of such tide lands, when he does not acquire the legal title to the upland under the execution sale until after the time permitted for the filing of contests; and the fact that he holds the legal title at the time of the hearing of the contest does not strengthen his position.</p> <p>The