Oregon Mortgage Co. v. Carstens

Citations

• 16 Wash. 165
• 35 L.R.A. 841
• 47 P. 421
• 1896 Wash. LEXIS 29

Syllabus

<p>ALIEN OWNERSHIP OF LANDS—HOW SET ASIDE—EFFECT OF PRIOR CONVEYANCE BY ALIEN.</p> <p>The constitutional provision declaring void “all conveyances o£ lands hereafter made to any alien, directly or in trust for such alien,” does not apply to cases in which a citizen deeds to an alien mortgaged lands in satisfaction of a bona fide mortgage debt, since another section of the same constitutional provision excepts from the prohibition upon alien ownership lands acquired “ under mortgage or in good faith in the ordinary course of justice in the collection of debts.” (Dunbar, J., dissents.)</p> <p>Where an alien has power to hold real estate at all, a deed to him in violation of the law will pass a title good against all the world except the state, and one which can only be attacked by a direct proceeding upon the part of the state.</p> <p>An alien holding lands in this state under a defeasible title, which is subject to attack on the part of the state as in contravention of the constitution, may by deed transfer a good title thereto to any person entitled to hold it, if no proceeding has been taken by the state for the purpose of setting aside the deed to the alien.</p>