West Coast Improvement Co. v. Winsor

Citations

• 8 Wash. 490
• 36 P. 441
• 1894 Wash. LEXIS 97

Syllabus

<p>INJUNCTION — TRESPASSERS ON TIDE LANDS ■— RIGHTS OP UPLAND PROPRIETOR — APPEAL — WEIGHT OP TESTIMONY.</p> <p>Where there is a substantial conflict over, the facts upon which a temporary injunction has been granted, the supreme court will not, on an appeal from such order, disturb the action of the trial court.</p> <p>An upland owner has, under the laws of this state, a preference right of purchasing the tide lands lying in front of his lands where such lands have not been occupied and improved by others prior to March 26,1890, and, by reason thereof, is entitled to an injunction against mere trespassers who are attempting to occupy or interfere in any way with his possession of such tide lands. (Pierce v. Kennedy, 2 Wash. 324, and Morse v. O'Connell, 7 Wash. 117, distinguished.)</p>