Legal Opinion

Newhouse v. Simino

Washington Supreme Court

Decided January 29, 1892No. 269PublishedCited by 6 opinions

Appeal from Superior Court, Douglas County. Action by Eleanor Newhouse against Joseph Simino, to contest their respective claims to a lot in the townsite of Waterville. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

The townsite of Waterville was located on public lands. Entry thereof as such townsite was duly made by the judge of probate of the proper county on the 26th day of January, 1889. The provisions of the act of congress under which such entry was made are substantially as follows:

“Whenever any portion of the public lands of the United States have been or shall be settled upon and occupied as a townsite, and therefore not subject to entry under the agricultural preemption laws, it shall be lawful, in case such town shall be incorporated, for the…

2Cases cited5 opinions

  1. Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
  2. Castner v. GuntherSupreme Court of Minnesota · 1861
  3. In re SelbyMichigan Supreme Court · 1859
  4. Lechler v. ChapinNevada Supreme Court · 1877
  5. Jones v. City of PetalumaCalifornia Supreme Court · 1869

3Cited by6 opinions

  1. Boise City v. WilkinsonIdaho Supreme Court · 1909
  2. Copeland v. City of SeattleWashington Supreme Court · 1903
  3. Martin v. HoffArizona Supreme Court · 1901
  4. Hodges v. LempIdaho Supreme Court · 1913
  5. Kellogg v. SessionsWashington Supreme Court · 1892

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