Rayburn v. Stewart-Calvert Co.

Citations

• 105 Wash. 575
• 178 P. 455
• 1919 Wash. LEXIS 595

Syllabus

<p>Mines and Minerals (17)—Sale of Claims—Rights of Purchaser. Unlawful detainer does not lie against tbe lessee of mining claims which had acquired a contract to purchase the claims, subject to the payment of royalties under the lease, and had consummated the contract according to its terms paying the full price to a bank to await patent and deed; as it was entitled to possession as owner, subject to payment of the royalties.</p> <p>Same. In such a case, the fact that the lessee had sought to acquire title from another source, is immaterial, where it waived its right to a United States patent through the owner, and the purchase price was on deposit in the bank to be paid on execution of a deed.</p>