Thomas Christianson v. County of King

• Decision Date: 13 December 1915
• Docket Number: No. 67,67
• Citation: 239 U.S. 356,36 S.Ct. 114,60 L.Ed. 327
• Parties: THOMAS CHRISTIANSON, Plff. in Err., v. COUNTY OF KING
• Court: U.S. Supreme Court

239 U.S. 356

36 S.Ct. 114

60 L.Ed. 327

THOMAS CHRISTIANSON, Plff. in Err.,

v COUNTY OF KING.

No. 67.

Argued November 9 and 10, 1915.

Decided December 13, 1915.

This is a suit, brought in 1911, to recover lands in the city of Seattle, county of King, state of Washington, and to quiet title. See Rem. & Bal. Code (Wash.) § 785. The plaintiff claimed title as heir, and grantee of other heirs, of Lars Torgerson Grotnes, who died intestate in the county of King, territory of Washington, in March, 1865. The defendant, the county of King, succeeded the county of King of the territory, which had control of the property pursuant to a decree of escheat which was passed by the probate court in May, 1869. The legislature of the territory had provided that in case of the death of an intestate leaving no kindred, his estate should escheat to the county in which it was situated. Washington Laws 1862-63, p. 262. Demurrer was filed to the amended complaint on the grounds (among others) that the complaint did not state facts sufficient to constitute a cause of action, and that the action had not been commenced within the time limited by law. The demurrer was sustained and judgment dismissing the complaint was affirmed by the court of appeals. 122 C. C. A. 188, 203 Fed. 894.

After alleging title in fee in Lars Torgerson Grotnes, and the fact that he had acquired the land under the name of John Thompson (having changed his name to conceal his identity) through certain mesne conveyances from the grantee of the United States, the amended complaint set forth in detail the proceedings in the probate court, which may be summarized as follows: That on March 26, 1865, the probate court, upon an informal request of H. L. Yesler and J. Williamson, assumed to appoint Daniel Bagley administrator of the estate of John Thompson, deceased, the order reciting that the decedent had died in the county, intestate, leaving property subject to administration; that after certain intermediate proceedings the administrator presented his petition on February 12, 1869, stating that no heirs at law had been found after diligent search, and praying that the administrator might be discharged and that after due notice the estate might be turned over to the county or such further order made as might be meet; and that on May 26, 1869, after publication of notice for four weeks in a local newspaper, a final decree of distribution was entered which recited the proceedings and continued as follows:

'That said decedent died intestate in the county of King, Washington territory, on the—day of March, A. D. 1865, leaving no heirs surviving him;

* * * * *

'There being no heirs of said decedent, that the entire estate eacheat to the county of King, in Washington territory.

'Now on this 26th day of May, A. D. 1869, on motion of said Daniel Bagley, administrator of said estate, and no exceptions or objections being filed or made by any person interested in the said estate or otherwise;

'It is hereby ordered, adjudged, and decreed: that all the acts and proceedings of said administrator, as reported by this court and as appearing upon the records thereof, be and the same are hereby approved and confirmed; and that after deducting said estimated expenses of closing the administration, the residue of said estate of John Thompson, deceased, not heretofore distributed, hereinafter particularly described, and now remaining in the hands of said administrator, and any other property not now known or discovered which may belong to the said estate, or in which the said estate may have any interest, be and the same is hereby distributed as follows, to wit: The entire estate to the county of King, in Washington territory.

* * * * *

'The following is a particular description of the said residue of said estate referred to in this decree, and of which distribution is ordered, adjudged, and decreed, to wit:

'1st. Cash, to wit: $343.83 gold coin.

'2d. And real estate, to wit: One hundred and sixty acres of land on Duwamish river, in King county, W. T., more particularly described in a certain deed from Joseph Williamson and William Greenfield to John Thompson, dated January 19th, A. D. 1865, and recorded in Volume 1 of the records of King county, W. T., on pages 458, 459, and 460.

'Third. A lease of said land to John Martin, dated March 5th, 1866, on which the entire reserved remains due and unpaid.

'Dated May 26th, 1869.'

It was alleged that this decree was null and void, that the probate court was wholly without jurisdiction to pass upon the title to the land described or to declare it escheated; that all claims to the land by defendant, and all its acts relating thereto, had been under this assailed decree, and that the defendant had no instrument or judgment purporting to evidence any title in it; that neither the defendant nor any other authority had instituted any suit or proceeding before any tribunal for the purpose of having an escheat declared or its claim of title confirmed. The acts of the county in relation to the land were set forth, the tracts involved being described as the 'King County Farm,' 'King County Hospital Grounds,' 'King County Addition to the City of Seattle,' 'King County 2d Addition to the City of Seattle.' The plaintiff did not seek to recover the lands which had been appropriated for railroad rights of way or highways, or that portion which had been sold to innocent purchasers, and it was also conceded that the county might retain the buildings and tangible betterments which it had placed upon the land, as stated.

At the outset, after alleging that the plaintiff was a subject of the King of Norway and that the matter in dispute exceeded in value the sum of $300,000, the amended complaint set forth that the controversy involved the construction of Amendments 5 and 14 of the Constitution of the United States, and of §§ 1851, 1907, and 1924 of the Revised Statutes of the United States (Comp. Stat. 1913, § 3438), relating to the territory of Washington.

It was further stated that the heirs of the decedent had no knowledge of his whereabouts or death until three years prior to the beginning of the action, and that the heirs, and particularly the plaintiff, had been diligent since receiving this information in searching for the proofs of the decedent's identity and of their relationship.

Messrs. Edward Judd, Livingston B Stedman and S. S. Langland for plaintiff in error.

Messrs. Robert H. Evans, John F. Murphy, and Alfred H. Lundin for defendant in error.

Statement by Mr. Justice Hughes:

The motion to dismiss must be denied. It sufficiently appears from the amended bill that jurisdiction did not depend solely upon the citizenship of the respective parties, but that the controversy involved, with other questions, the construction of the act of Congress prescribing the authority of the territorial legislature. In this view, the decision of the circuit court of appeals is not final. Vicksburg v. Henson, 231 U. S. 259, 267, 58 L. ed. 209, 215, 34 Sup. Ct. Rep. 95.

The plaintiff in error contends that the land in question did not escheat to the county of King, territory of Washington, for the reasons (1) that the territory was not a sovereign, but a municipal corporation; (2) that the organic law of the territory conveyed to it no property rights of the United States; (3) that the act of the territorial legislature providing for escheat to counties was forbidden by the organic law; (4) that this legislative act was invalid because its title was not broad enough to cover the subject-matter; and (5) that there was never any office found.

There is, of course, no dispute as to the sovereignty of the United States over the territory of Washington, or as to the consequent control of Congress. As an organized political division, the territory possessed only the powers which Congress had conferred, and hence the territorial legislature could not provide for escheat unless such provision was within the granted authority. Sere v. Pitot, 6 Cranch, 332, 337, 3 L. ed. 240, 241; American Ins. Co. v. 356 Bales of Cotton, 1 Pet. 511, 543, 7 L. ed. 242, 255; First Nat. Bank v. Yankton County, 101 U. S. 129, 133, 25 L. ed. 1046, 1047. The organic act (March 2, 1853, 10 Stat. at L. 172, 175, chap. 90, Comp. Stat. 1913, §§ 3425, 3438; see Rev. Stat. §§ 1851, 1924, Comp. Stat. 1913, § 3438) provided as follows:

'Sec. 6. . . . That the legislative power of the territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of nonresidents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect: Provided, That nothing in this act shall be construed to give power to incorporate a bank or any institution with banking powers, or to borrow money in the name of the territory, or to pledge the faith of the people of the same for any loan whatever, directly or indirectly. No charter granting any privileges of making, issuing, or putting into circulation any notes or bills in the likeness of bank notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or granting any other banking powers or privileges, shall be passed by the legislative assembly; nor shall the establishment of any branch or agency of any such corporation, derived from other authority, be allowed in said territory; nor shall said legislative assembly authorize the issue of any obligation, scrip, or evidence of debt, by said territory, in any mode or manner whatever except certificates for service to said territory. And all such laws, or any law or laws inconsistent with the...