Sayward v. Gardner

Citations

• 5 Wash. 247
• 31 P. 761
• 1892 Wash. LEXIS 45

Syllabus

<p>SPECIFIC PERFORMANCE—SUFFICIENCY OF COMPLAINT—SECONDA RY EVIDENCE — LAND OFFICE CERTIFICATE — STATUTE OF FRAUDS — FOREIGN CORPORATIONS — POWER TO TAKE BY DEED — STATUTE OF LIMITATIONS.</p> <p>A complaint states sufficient facts to entitle the plaintiff to equitable relief, when il alleges that one Gardner purchased certain lands from the United States in the year 1868, receiving the certificate of the register and receiver of the local land office, certifying said purchase and payment therefor; that thereafter said Gardner did, for a valuable consideration, execute to one G. A. Meigs, a contract in writing whereby he agreed to convey to said Meigs, or his assigns, the legal title to said lands upon demand therefor at any time after patent issued to him, and by the same instrument assigned and conveyed to said Meigs all the interest he then had in said lands, at the same time delivering to him the said register’s and receiver’s certificate; that said instrument of writing had been lost and could not be made a part of the complaint; that said Meigs entered into possession of said lands under said agreement, and upon the issuance of patent in said Gardner’s name, said Meigs surrendered said certificate and received the patent; that by mesne conveyances the lands were conveyed to plaintiff and the patent delivered to him in the year 1880, and plaintiff has ever since been and now is in the possession of said lands and of said patent; that thereafter plaintiff demanded of said Gardner a conveyance of said lands, which he refused to execute; and that on or about the 28th day of March, 1889, said Gardner entered into an agreement with the other defendants by which he agreed to convey to them an undivided part of said lands; that at the time of making said agreement all the defendants had full knowledge and notice of the eqitable title and right of plaintiff.</p> <p>Where the holder of a register’s certificate sells the land therein described and endorses the contract of