State v. Scott

Citations

• 89 Wash. 63
• 154 P. 165
• 1916 Wash. LEXIS 670

Syllabus

<p>Navigable Waters — Lands Under Waters — “Tide Lands” — Deeds —Land Conveyed. Under tbe act of 1897, 2 Rem. & Bal. Code, § 6641, defining tide lands as all lands over which tbe tide ebbs and flows from tbe line of ordinary bigb tide to tbe line of mean low tide, excepting oyster lands, a state deed of tide lands conveys title only to tbe line of mean low tide; as tbe deed is limited by-the express terms of tbe statute.</p> <p>Same. Such deed did not convey any title to oyster lands, theretofore deeded by tbe state for oystering purposes under tbe provisions of tbe Callow act, Rem. & Bal. Code, §§ 6806 and 6807.</p> <p>Same — Tide Lands — Deeds — “Fronting” ob “Adjoining” Tide Lands. Under tbe act of 1911, 3 Rem. & Bal. Code, § 6641, defining tide lands as all lands over which tbe tide ebbs and flows from tbe line of ordinary bigb tide to tbe line of extreme low tide, excepting oyster reserves and lands in front of certain cities, which act extended tide lands which theretofore stopped at mean low tide, a state deed of tide lands in front of described upland tracts carries title to. all tide lands to tbe line of extreme low tide, save those excepted; hence, it includes tide lands in front of tbe upland lots beyond intervening oyster lands sold to oyster growers, although it is not “adjoining” tbe lots by reason of tbe intervening oyster lands.</p> <p>Same — Tide Lands — Preference Right to Purchase — “Owners of ■Second-Class Tide Lands” — Statutes. Grantees of state tide lands for oystering purposes, in deeds issued tinder the provisions of the Callow act, Rem. & Bal. Code, §§ 6806 and 6807, do not take fee simple title and are not owners of tide lands “theretofore sold or conveyed,” within the meaning of the act of 1911, 3 Rem. & Bal. Code, § 6641-1, which granted to owners of second-class tide lands “heretofore sold or conveyed” the preference right for ninety days to purchase all tide lands to the line of mean low tide in front of second-class tide lands thereto