Wardwell v. Paige

Citations

• 9 Or. 517

Syllabus

<p>The Sth section of the act of Congress, approved September 4, 1841, entitled, “An Act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights,” operated as a present grant to the State of Oregon, upon her admission into the Union, of the 500,-000 acres of land for purposes of interna! improvements therein specified, requiring only a selection ■ by the state, in pursuance of the requirements of said section, to subject the particular tracts selected to the operation of the grant.</p> <p>The act of the state legislature, approved October 19, i860, entitled, “ An Act to provide for the possessory and pre-emption rights of 500,000 acres of land donated to the State of Oregon,” and making provision for locations upon the public lands of the United States, within the limits of the state, by private individuals, with the right of pre-emption, in advance of any selection of such lands by the state, was valid, and a locator under the same, or his successor in interest, upon complying with the provisions of the subsequent acts of the legislature of October 15, 1862, and October 26, 1868, in regard to payment for the lands so located, became, as soon as such lands were selected by the state in conformity with the act of Congress, entitled to a deed from the state therefor.</p> <p>One who subsequently applied for and obtained a deed from the proper board in the name of the state, will be held in equity as a trustee of the legal title for such locator, even though he had no notice of the latter’s claim. The doctrine of notice has no application in such cases. The state board had no power, after a valid disposal of state lands had been made to one person, in accordance with law, to make another disposal of the same lands to a different person, and want of notice is no defense for the latter in the suit of the former for a conveyance of title to himself. The rule caveat emjitor applies.</p> <p>A valid law operates according to the intention