Sylvester v. State

Citations

• 46 Wash. 585
• 91 P. 15
• 1907 Wash. LEXIS 668

Syllabus

<p>Evidence — Documentary Evidence — Records of Land Office. A certified copy of a notification to the surveyor general of intent to claim land settled upon as a donation claim, from the general land office at Washington, D. C., establishes the date of the giving of such notice, clearly appearing thereon, although the local surveyor general’s and register’s offices contain no record of the filing thereof.</p> <p>Territories — Public Buildings — Deeds—Grantee. A territory specially authorized to locate and establish the seat of government for which a Federal appropriation was made for the erection of suitable buildings, has power to acquire and hold land for such purpose, and a deed of land therefor is not void for want of a grantee capable of holding .the land.</p> <p>Same — Powers—Public Lands — Grants — Statutes — Construction. The construction of a congressional authority to a territory to locate and establish the seat of government, with respect to the acquisition of land therefor, is not affected by the fact of a later statute, in no way connected with the earlier one, making appropriation for securing sites and erecting a temporary capítol and for a penitentiary.</p> <p>Same — Deeds—Estate Created. A deed to a territory for a capítol site conveys an estate in fee which passes to its successor, the state, without the use of words of succession in the grant.</p> <p>Public Lands — Donation Act — Transfer Before Patent. Under 10 U. S. Stat. at Large, 305, § 2, repealing the provision in the Oregon Donation Act that all contracts for the sale of the lands prior to issuance of patent shall he void, a conveyance of a donation claim could he made before issuance of the patent provided the. claimant had resided on the land for four years.</p> <p>•Evidence — Parol—Deeds—Condition. It is inadmissible to prove that by a parol contemporaneous contract an absolute deed to a territory was made on condition that the territory should erect and maintain a capitol building on th