Legal Opinion

State v. Whitney

Washington Supreme Court

Decided January 4, 1912No. 9503PublishedCited by 12 opinions

Appeal from a judgment of the superior court for Skagit county, Joiner, J., entered March 29, 1911, dismissing an action of ejectment, upon overruling a demurrer to an affirmative defense.

1Opinion of the CourtMorris, J.

The state brought this action to recover possession of, and quiet title to, land in section 36, township 34 north, range 7 east; alleging that it became the owner, under and by virtue of the grant from the United States as contained in the enabling act of February 22, 1889, and that respondents are wrongfully in possession. Respondents answered, alleging a settlement upon the land in 1902; that the title to the land was then in the United States; that, on April 25, 1906, the plat of said land was filed in the local land office; and that respondent Edward R. Whitney on said day filed his…

2Cases cited35 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Wilcox v. JacksonSupreme Court of the United States · 1839
  3. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  4. Lovejoy v. MurraySupreme Court of the United States · 1866
  5. Schulenberg v. HarrimanSupreme Court of the United States · 1875

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3Cited by12 opinions

  1. State v. Superior CourtWashington Supreme Court · 1916
  2. State v. GeorgeWashington Supreme Court · 1915
  3. State v. Hewitt Land Co.Washington Supreme Court · 1913
  4. State Ex Rel. Northern Pacific Railway Co. v. Superior CourtWashington Supreme Court · 1925
  5. Dallas v. SwigartNew Mexico Supreme Court · 1918

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