Shorett v. Signor

Citations

• 58 Wash. 89
• 107 P. 1033
• 1910 Wash. LEXIS 897

Syllabus

<p>Public Lands—Shore Lands—Preference Right to Purchase. The grantee of lots below the line of ordinary high water on a navigable lake acquires no title thereto and has no preference right to purchase shore lands as an owner of abutting upland.</p> <p>Same—Statutes—Abutting Owners. Under Rem. & Bal. Code, § 6754, the bona fide purchaser of lots below high water mark, from the owner of the uplands, or one claiming through such bona fide purchaser, is entitled to the preference right to purchase the shore lands, regardless of the present ownership of the abutting uplands.</p> <p>Same—Purchase from State—Proceedings — Appeal — Amendment of Application. Under Rem. & Bal. Code, § 6620, relating to appeals to the superior court on applications to purchase shore lands, it is proper to allow an application, based upon the ownership of lots below high water mark, to be amended so as to. show that the applicant had acquired the record title thereto through a dona fide purchaser from the owner of the upland, Rem. & Bal. Code, § 6754, providing that such dona fide purchaser or persons claiming under him shall have the preference right to purchase the shore lands.</p> <p>Husband and Wife—Conveyances Between—Rights Conveyed— Shore Lands—Preference Right to Purchase. A deed from one member of the community to another has the effect to make the land the separate property of the grantee, and this applies to a preference right to purchase shore lands through the conveyance of lots below high water mark, where the community owned the upland, under Rem. & Bal. Code, § 6754, providing that a dona fide purchase of such lots from the upland owner gives the purchaser such preference right.</p> <p>Husband and Wife—-Conveyance Between—Bona Fides—-Presumption. A deed from one spouse to another, reciting a consideration of $10,000, which is not attacked, is presumed to be made to a dona fide purchaser for value.</p>