Pearl Oyster Co. v. Heuston

Citations

• 57 Wash. 533
• 107 P. 349
• 1910 Wash. LEXIS 792

Syllabus

<p>Public Lands — Tide Lands — Definition — Boundaries. Tide lands, proper, are those lying between the lines of ordinary high tide and mean low tide, the law accepting the mean and not the extreme where boundaries are concerned.</p> <p>Same — Statutes—Construction. There is no conflict between Rem. & Bal. Code, § 6641, defining tide lands and § 6744 dividing all tide lands into two classes with reference to the location of the boundaries of cities and towns.</p> <p>Public Lands — Tide Lands — State Deed — -Construction. A state deed of all tide lands situate in front of, adjacent to, or abutting, upon, certain portions of the government meander line particularly described, extends only to the line of mean low tide, under Rem. & Bal. Code, § 6641, defining tide lands as those over which the tide ebbs and flows from the line of ordinary high tide to the line of mean low tide; especially as a grant by a state is to be construed most strongly against the grantee, and restricted to the narrowest limits' that will reasonably satisfy the grant if no limit is fixed by the deed.</p> <p>Public Lands — Oyster Lands — Sale—Application—Interest of Objectors. The grantee of tide lands extending only to mean low tide has no interest entitling him to object to a state sale of oyster lands lying below the line of mean low tide; since only the state can question the right of another to purchase such lands.</p>