Mississippi Valley Trust Co. v. Hofius

Citations

• 20 Wash. 272
• 55 P. 54
• 1898 Wash. LEXIS 519

Syllabus

<p>WATERWAYS-EXCAVATION AND FILLING IN TIDE LANDS-PART PERFORMANCE OF CONTRACT —- LIEN FORECLOSURE—REDEMPTION—-INTEREST-HOW PAYABLE—ESTOPPEL.</p> <p>Laws 1893, p. 241 (Bal. Code, §§ 4080-4089), which provides for the letting of contracts by the state for the construction of waterways and the filling in of tide lands, and authorizes the commissioner of public lands, upon the completion of any portion of the work capable of separate use for the purpose of navigation, to issue certificates of cost which shall be a lien upon the filled lands, when recorded in the county auditor’s office, vests discretion in the land commissioner to determine what shall constitute the separate use for navigation, and does not require a provision in the contract itself regulating what should constitute a partial completion of the waterway capable of such separate use.</p> <p>A purchaser of state lands, subject to a lien authorized by the state expressly provided for in the contract of purchase, cannot question the validity of the lien.</p> <p>The improvement by the state of its own tide lands by the construction of waterways and filling the lands so as to raise them above high tide, although lying within the corporate limits of a city, is not a violation of art 7, § 9, of the constitution conferring upon municipalities the power to make local improvements by special assessment of the property benefited.</p> <p>Where the time for the payment of interest is fixed by contract or statute at a certain date, an installment of interest due at that date becomes an obligation distinct from that of the principal indebtedness, and, for failure to pay such interest, the law allows legal interest thereon as damages.</p> <p>The act of March 9, 1893 (Laws 1893, p. 241), providing for the construction of waterways by private contract and granting liens upon the state’s tide lands, authorizes such liens to be foreclosed in the manner provided by law for the foreclosure of other liens on real estate, and c