State v. Forrest

• Decision Date: 30 July 1895
• Citation: 12 Wash. 483,41 P. 194
• Court: Washington Supreme Court
• Parties: STATE EX REL. BARTLETT v. FORREST ET AL.

41 P. 194

12 Wash. 483

STATE EX REL. BARTLETT v. FORREST ET AL.

Supreme Court of Washington

July 30, 1895

Appeal from superior court, Jefferson county; R. A. Ballinger Judge.

Mandamus on the relation of Frank A. Bartlett, executor of the estate of C. C. Bartlett, to compel W. T. Forrest and others to survey and appraise certain tide lands. From a judgment for defendants, relator appeals. Affirmed.

W. F. Rupert, for appellant.

James A. Haight, Asst. Atty. Gen., for respondents.

SCOTT J.

This is an appeal from a judgment of the superior court of Jefferson county, refusing to make peremptory an alternative writ of mandamus directed to the members of the board of appraisers (then in existence) of shore and tide lands in and for Jefferson county, commanding them to examine, survey, and appraise a certain tract of tide lands of the first class at Port Townsend, which the relator claimed the right to purchase. It is claimed, upon the part of the state, that the land in controversy lies within the limits of a certain street known as Front street, and, such being the case, that it was not subject to sale. The tract in question was embraced within the original plat of the city of Port Townsend, as laid out by A. A. Plummer, F. W. Pettigrove, and L. B. Hastings; said town being located upon their donation claims, and the upland abutting upon the particular tract in controversy falling within Plummer's claim. This plat was filed for record on August 2, 1856. Streets and alleys are shown thereon, but there was no formal dedication when the plat was recorded. The most southerly named street was designated as Water street. A single tier of blocks was laid out to the south of Water street, which, either in whole or in part, extended below the meander line of the beach. The relator claims to be the owner of lot 6 and lot 5 of block 8 by direct and mesne conveyances, respectively, from Plummer. This was one of the blocks lying south of Water street, and all of said lots were tide lands, except the northerly part of lot 6. Lot 5 was laid off to the south of lot 6, and south of the block, extending along the tract dedicated and distant therefrom the width of a street appears a line which might indicate an intention to dedicate a street extending along the south side of said block and the plat, although such street was not named on the plat. Subsequently, in 1881, Bartlett erected a building on lot 6 and on lot 5 constructed for the full width of the lot a wharf, and extended the same to the south upon the tide lands and into Port Townsend Bay, a distance of 120 feet, and he erected a warehouse upon this wharf which lies partly upon the tract claimed as a street. Only that part of said tract is in controversy which lies within or upon the tract claimed as a street. In 1884 Hastings filed for record a plat designated as "Hastings' Second Addition to Port Townsend," which also covered a portion of the tide lands below the meander line. Upon this plat a street called Front street was dedicated. In November, 1890, the city of Port Townsend adopted an ordinance which purported to establish Front street. This street was wholly upon the tide lands, and included that part formerly dedicated by Hastings, and extended the same along in front of block 8 so as to include the tract of land in controversy by taking in the original street south of Water street, if it was one, which, however, we are not called upon to decide. It is contended that this cannot be considered as an extension of a street, on the ground that Hastings' dedication thereof was invalid, it being outside the limits of his donation claim, and that the city had no power to lay out a street no part of which touched the upland. One of the contentions...