21 Wash. 591 | Wash. | 1899
The opinion of the court was delivered by
Relator and W. R. and D. 0. Brawley filed in the office of the commissioner of public lands, on May 6, 1895, an application to purchase Seattle tide lands, the application being Ro. 1440, and claiming certain lots in block 362 of said tide lands. On May 14th thereafter, an application Ro. 1747 was filed by the Washington Dredging & Improvement Company to purchase all of said block 362; and also, on the same day, application Ro. 1790, by E. E. Runyan, to purchase a portion of said block 362; and on May 11th, Ro. 1622, by W. P. Trimble. The claimants in the above applications all claimed to be upland owners. There was also the application of William Collins, Ro. 1623, filed on May 13th, to purchase said block 362. The last application was based upon a claim to ownership of improvements situated on the tide land used for purposes of commerce and business, and erected thereon prior to March 26, 1890. A hearing upon proper
This is an application for an extraordinary remedy. It appears from the answer to the alternative writ that the attorney general, on behalf of the state, had petitioned for a vacation of the judgment of the superior court, claiming the interest of the state in the proceeding, and its right to original notice of the appeal taken by relator and the Brawleys, and that a motion for a vacation of such judgment was still pending and undetermined in the superior court. Thus it would seem that apparently the
Application denied.
Gordon, 0. J., and Dunbar and Fullerton, JJ., concur.