39 P. 396 | Or. | 1895
Opinion by
Counsel for defendants make the point that the alternative writ does not show that plaintiff has made written application for the purchase of said lands, according to law, nor does it appear therefrom that he is legally capacitated as such applicant under the provisions of law regulating the sale of tide lands. Section 3600, Hill’s Code, provides, among other things, that all applications to purchase any lands of this state shall be accompanied by the affidavit of the applicant taken before some notary public or county clerk, to the effect that he is eighteen years of age; is a citizen of the United States, or has declared his intention to become such; that he is a citizen of this state; that he has not directly or indirectly made any previous purchase of lands from the state, which, together with the lands described in the application, exceed three hundred and twenty acres; that the purchase is for the actual use of the applicant, and not for the purpose of speculation; and that no contract or agreement, express or implied, has been made for the sale or other disposition of such lands in case such applicant is permitted to purchase the same. The alternative writ recites that plaintiff made a written application “in the manner prescribed by law.” This is but a conclusion of law, and not a statement of facts from which the court can determine its sufficiency. The manner prescribed is that he shall make application, accompanied by -an affidavit showing that he is eighteen years old, is a citizen of the United States or has declared his intention to become such; that he is a citizen of the state, etc., as pointed out by said section 3600. These are the facts without which the board is prohibited from acting, and, if they existed,
Affirmed.