title:
Henry S Alger, Appellant vs Alice S Hill, executrix of the last will and testament of W C Hill, deceased, and J Vance Lewis, Appellees, Brief for Appellees.
title:
144
creator:
Alice S. Hill
creator:
J. Vance Lewis
contributor:
Junius Rochester
date:
1891-01
publisher:
Washington State Supreme Court
type:
Civil
subject:
Real Property
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Public Lands – Town Sites – Municipal Incorporations – Knowledge of Entryman – The special act of the territorial legislature of Washington (Laws 1869, p. 437), incorporating the city of Seattle, does not come within the prohibition of the organic act (Rev. St. U. S., § 1889) against granting private charters or special privileges, as such act of incorporation is the grant of a public charter.Plaintiff’s grantor in 1874 preëmpted vacant, unoccupied public lands which had been included in the corporate limits of the city of Seattle in the year 1869 by the act of the territorial legislature incorporating said city, and did not ascertain until after entry that the land was within said corporate limits. The secretary of the interior, in 1879, canceled the entry, on the ground that, as plaintiff’s grantor was at the time marshal of the city of Seattle, he must, by virtue of his office, have known that the land preempted was within the corporate limits. Held, That the secretary’s decision was erroneous, as, under § 2 of the act of congress of March 3, 1877 (19 U.S. St. at Large, 302), confirming entries which, though regular to other respects, had theretofore been allowed upon lands afterward ascertained to have been embraced in the corporate limits of any town, no knowledge of the law or the fact of incorporation can be imputed to the entryman.
relation:
Alger v. Hill, 2 Wash. 344 (1891)
relation:
27 P. 922
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf