Welsh v. Callvert

Citations

• 34 Wash. 250
• 75 P. 871
• 1904 Wash. LEXIS 344

Syllabus

<p>Public Lands — Deed or Statu — Findings as to Character or Tide Lands — Collateral Attack — Claim that Lands Sold as Second Class Tide Lands are Oyster Lands. A deed from the state purporting to convey all tide lands of the second class owned by the state abutting upon a certain described shore line, which was sold at the price fixed by law for second class tide lands, must be considered as made after a finding of the state land department as to the character of the land, nothing to the contrary appearing in the record, and includes all the abutting tide lands; and such deed being analogous to a patent is not subject to collateral attack by a subsequent application to purchase a portion of the same lands as oyster lands, upon the theory that the statutory definition of tide lands, Laws 1897, p. 230, § 4, excepts oyster lands, and that the deed conveyed, therefore, only such part of the abutting tide lands as were not suitable for the cultivation of oysters.</p>