Kendall v. Long

Citations

• 66 Wash. 62
• 119 P. 9
• 1911 Wash. LEXIS 1012

Syllabus

<p>Public Lands — Homestead—-Relinquishment — Contests — Presumptions — Disposition-—Conclusiveness. The presumption that a homestead relinquishment pending a contest is due to the contest does not attach where the contest was dismissed for the reasons that it was irregular, that no fees had been paid and that no- notice was given; and failure to appeal from such a dismissal precludes the contestant from asserting the regularity of the contest in the courts.</p> <p>Public Lands — Proceedings oe Land Department — Review by Courts. A party aggrieved by a decision of the land department disposing of public lands should exhaust his remedies before the department, and the courts will not interfere in the absence of equity.</p> <p>Public Lands — Homestead—Relinquishment—Contests — Presumption. The presumption that a homestead relinquishment pending a contest was due to the contest is overcome where it was shown that the relinquishment was. decided upon without notice of the contest, and instead of being a procuring cause, had rather a deterrent effect.</p>