State v. Ort

Citations

• 66 Wash. 130
• 119 P. 21
• 1911 Wash. LEXIS 1025

Syllabus

<p>Public Lands — State Lands — Sale—Contracts—Validitt—Mistake — Deeds—Statutes—Construction. Rem. & Bal. Code, § 6680, providing that any sale or lease of state land made by mistake, or not in accordance with law, shall be void and the contract or lease assumed thereon shall be of no effect and the holder of the contract required to surrender the same, applies only to executory contracts, and not to sales that have been fully executed by delivery of the state deed and full payment of the price.</p> <p>Same — State Deed — Vacating—Character or Land — Mistake or Oreicers. In the absence of fraud or connivance of the purchaser, the state cannot maintain an action to set aside its deed of state lands on the ground of mistake of its officers in determining that the character of the lands is agricultural, when in fact it contained more than one million feet of merchantable timber, and under the law could not be sold as agricultural land-.</p>