Seattle & Montana Railway Co. v. Carraher

Citations

• 21 Wash. 491
• 58 P. 570
• 1899 Wash. LEXIS 315

Syllabus

<p>TIDE LANDS-PREFERENCE RIGHT OF PURCHASE-CONSTRUCTION OF STATUTE.</p> <p>An upland owner who had conveyed the upland, together with the tenements, hereditaments and appurtenances thereunto belonging, had thereby conveyed whatever interests he might have had in the abutting tide lands, and a subsequent conveyance by him of the tide lands to another grantee passed.no title thereto. Under such circumstances, the prior grantee has the prior right to purchase the tide lands, under Laws 1895, p. 552, § 58, although § 59 provides that “when the abutting upland owner has attempted to convey by deed to a bona fide purchaser any portion of the tide lands in front of such uplands, such right of purchase herein given to the upland owner shall be construed to belong to such purchaser, to the extent of the tract or rights so conveyed.”</p>