Seattle & M. Ry. Co. v. Carraher

• Decision Date: 06 October 1899
• Citation: 58 P. 570,21 Wash. 491
• Court: Washington Supreme Court
• Parties: SEATTLE & M. RY. CO. v. CARRAHER et al.

58 P. 570

21 Wash. 491

SEATTLE & M. RY. CO. v. CARRAHER et al.

Supreme Court of Washington

October 6, 1899

Appeal from superior court, King county; William Hickman Moore Judge.

Contest by the Seattle & Montana Railway Company against M. M Carraher and others for preference right to purchase certain tide lands. There was a judgment in favor of defendants, and plaintiff appeals. Affirmed.

Burke Shepard & McGilvra, for appellant.

Ballinger, Ronald & Battle and S. M. Shipley, for respondents.

REAVIS J.

Contest for preference right to purchase tide lands. A plat of the tide lands in the city of Seattle was filed as required by law March 15, 1895, and in pursuance of the act of March 26, 1890, and the supplementary and amendatory act of March 26, 1895. Carraher and Polk, the respondents, and the appellant filed applications for the purchase of the same tide lots. The board of state land commissioners awarded the right to purchase the lots to Carraher and Polk. An appeal was taken by the present appellant to the superior court, where the award of the board of state land commissioners was affirmed. On January 13, 1873, McNaught, who was the owner of a tract of upland in Seattle, platted the same and the adjoining tide lands as 'McNaught's Third Addition to the City of Seattle.' According to the plat, block 5 thereof abutted on the shore, and the meander line ran through lot 3 of the block. Blocks 8 and 11, which were extensions of block 5, were entirely platted on the tide lands. In front of this plat, and entirely on the tide lands, one Dearborn platted. Lot 3 of block 11 covers and includes the east 120 feet of lot 22, block 249, of the Seattle tide lands. June 29, 1875, McNaught duly conveyed to Michael Burns lot 3, block 5, lots 3 and 6, block 8, and lots 3 and 6, block 11; the lots in block 8 and block 11 being an extension of lot 3, block 5, over the tide lands. May 4, 1883, Burns conveyed to one Mangan lot 3 of block 5. March 22, 1890, Carraher, by mesne conveyances, became the owner of the undivided half of lot 3, block 5, and in 1893 the respondent Polk, by mesne conveyances, became the owner of the other undivided half. December 6, 1883, Burns conveyed to Dearborn lots 3 and 6, block 8, and lots 3 and 6, block 11. March 18, 1890, Dearborn conveyed to appellant lots 3 and 6, block 11, and the lots in front of those which he had platted. The deed from Burns to Mangan of lot 3, block 5, McNaught's Third addition, conveys the property together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the conveyance to respondents Carraher and Polk granted the lot and also the tenements, hereditaments, and appurtenances thereunto belonging. Burns, the common source of title, conveyed the upland lot 3, block 5, of McNaught's Third addition, to respondents' grantor prior to the conveyance made by Burns of the tide lands abutting and fronting thereon, which are claimed by appellant.

The statute pursuant to...