Sequim Bay Canning Co. v. Bugge

Citations

• 49 Wash. 127
• 94 P. 922
• 1908 Wash. LEXIS 538

Syllabus

<p>Appeal- — Review—Presumptions—Demurrer. Where there is a demurrer upon two grounds, and an order sustaining the demurrer upon one ground, it will be presumed that it was overruled as to the other ground stated.</p> <p>Trespass — Tide Lands — Parties. The state is not a necessary party defendant to an action by a lessee of state lands for a trespass thereon.</p> <p>Public Lands — Tide Lands — -Title to Clams. Clams imbedded in tide lands leased by the state belong to the lessee of the land.</p> <p>Same — Power to Sell Tide Lands. The state has power to dispose of and invest private persons with the ownership of tide lands, subject only to the paramount right of navigation and the uses of commerce.</p> <p>Same — Rights op Lessee — Trespass. The lessee of tide lands under a regular lease from the state is entitled to the possession and control of the land thereof, and a third person digging clams thereon at low tide is a trespasser.</p> <p>Injunction — Against Trespass — Adequacy op Damages. The lessee of state tide lands may maintain an action to enjoin continuing trespasses by persons who go thereon at low tide to dig clams and destroy the clam beds, a judgment for damages not affording adequate compensation.</p>