Oliver v. Dupee

Citations

• 16 Wash. 634
• 48 P. 351
• 1897 Wash. LEXIS 370

Syllabus

<p>TIDE LANDS — CONTEST FOR PURCHASE — APPEAL — RECORD — TIDE ISLANDS — PREFERENCE RIGHT OP PURCHASE — CONSTRUCTION OP STATUTE.</p> <p>Under Laws 1895, p. 562, § 82, providing that where an appeal is taken from the board of state land commissioners to the superior court, the board shall prepare and certify, under the hand of its secretary, a true copy of all the pleadings and papers connected with the contest, such record may properly, on appeal from the decision of the superior court, be sent to the supreme court as the-transcript in the cause certified by the clerk of the superior court, and it is not necessary to bring it up by a bill of exceptions or a. statement of facts.</p> <p>The provisions of § 70, Laws 1895, p. 557, to the effect that tide lands not a portion of or adjacent to the shore shall be sold to the first applicant, after survey made by him, subject to the same conditions and limitations as provided for sale of tide lands of the-second class, is limited to such lands as were not improved and in use for commerce, trade or business on and prior to March 26, 1890, whose sale is regulated by § 65 of the same act.</p> <p>The fact that an applicant for the purchase of tide lands is a-contestant against the first applicant for their purchase does not preclude him from prosecuting an appeal from an adverse decision of the board of state land commissioners.</p> <p>Upon an appeal to the superior court from the decision of the board of land commissioners, respecting a contest for the purchase of tide lands, the court should hear the appeal upon its merits, and not dismiss it on the ground that appellant’s application was incomplete and did not conform to the law in every particular.</p>