Kneeland v. Korter

Citations

• 40 Wash. 359
• 82 P. 608
• 1905 Wash. LEXIS 986

Syllabus

<p>Public Lands — Lands Below High Tide — Grants—Validity— Power of Congress. The United States had the power to grant to a railroad corporation, for some purposes at least, lands below high water mark of tide waters of the territory of Washington; and such a grant, not being void, should be upheld when no facts are shown to render it voidable.</p> <p>Same — Constitutional Disclaimer — Application to Subsequent Patent — Construction. The constitutional disclaimer of the state in and to all tide lands patented by the United States, applies to lands below high water mark and within the meander line of the government surveys of land granted by the United States to a railroad corporation prior to the admission of the state into the Union, although the patent therefor did not issue until thereafter, where the railroad company had, by the filing of its map of definite location, and completing its road, become entitled to the patent prior to the adoption of the constitution (Mount, C. J., Rudkin and Fullerton, JJ., dissenting) .</p> <p>Same — Official Surveys — Collateral Attack. The official surveys of the government are not open to collateral attack in an action at law between private parties, and the patent must be held to be made with reference to such surveys.</p> <p>Same — Presumption—Surveys—Mistake as to Meanders. Where the meander line of the government survey was run years before the adoption of the constitution, and included tide lands below high water mark, it must be presumed that the constitutional disclaimer of title to tide lands patented by the government, had reference to the meander lines run, as establishing the line of high water mark, and not that the tide lands were included within the patent by mistake (Mount, C. J., Rudkin, and Fullerton, JJ., dissenting).</p>