McMillan v. Wright

Citations

• 56 Wash. 114
• 105 P. 176

Syllabus

<p>Contracts — Validity—Public Policy — Public Lands — Arid Land Entry foe Use of Another. Under the Carey Act, 28 U. S. Stat. at Large 422, granting arid land to the states to be sold “in small tracts to actual settlers,” and the laws of Idaho requiring a settler, upon final proof, to make oath that he has entered the land for his sole benefit, an oral contract by a prospective settler to enter land in trust for another, who advanced money for expenses, contemplates perjury, and is void as against public policy.</p> <p>Specific Performance — Issues and Proof — Equity. Upon allegation and proof of a contract, made in ignorance of the fact that it was void as against public policy, whereby an entryman on arid land was to deed a part thereof to another after he had obtained title, a court of equity will not compel an assignment of part of the land to enable the trustee to enter and obtain the land himself by complying with the law.</p> <p>Specific Performance — Actions—Description. A contract to convey part of a tract of land cannot be specifically enforced where the specific portion to be conveyed is not designated.</p>