State v. Johanson

Citations

• 26 Wash. 668
• 67 P. 401
• 1901 Wash. LEXIS 702

Syllabus

<p>SCHOOL LANDS-GRANT FROM UNITED STATES-ACTION BY STATE FOR POSSESSION.</p> <p>Tinder the settled policy of our national government from its inception in granting to the various states and territories sections 16 and 36 of the public lands in each township for common school purposes, and indemnity lands in case such sections had been settled upon prior to the survey by bona fide settlers, the grant contained in § 10 of the act enabling the territory of Washington to set up a state government must be construed as including such indemnity lands as had been selected under prior acts of congress, although specifically naming no other sections than those numbered 16 and 36, but providing that “where such sections, or any parts thereof, have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, ■ in legal subdivisions of not less than one quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said state for the support of common schools;” and under such grant the state is vested with an equitable title to such indemnity lands selected by it as will warrant it in maintaining the statutory action for possession under Bal. Code §§ 5500, 5508, against an intruder uiereon.</p>