Johanson v. Washington

This was an action of ejectment brought in the superior court of King county, Washington. The case was tried by the court without a jury. An agreed statement of facts was submitted, upon which the court found the following facts and conclusions of law:

'1. That the north half of the southwest quarter and the northwest quarter of the southeast quarter of section 3, township 25 north, range 4 east, is of the value of $20,000, and was selected by Phillip H. Lewis, as agent for King county, Washington territory, by filing a list of this and other lands, designated as list No. 2 of indemnity school selection, at the land office at Olympia, Washington territory, May 24, 1870, under an act of Congress approved March 2, 1853, and an act of Congress approved February 26, 1859, which said selection was approved by Secretary C. Delano, January 27, 1872.

'2. March 13, 1893, Anton Johanson made application to enter the land aforesaid under the homestead laws, and at that time made a settlement thereon; he has ever since lived on said land; his application was rejected by the local land office, and subsequently appealed to the Commissioner of the General Land Office, and finally to the Secretary of the Interior, who, on December 18, 1895, decided adversely to Anton Johanson.

'From the foregoing facts the court finds as conclusions of law:

'1. That the plaintiff was, on the 13th day of March, 1893, seised in fee and possessed and entitled to the possession to said north half of the southwest quarter and the northwest quarter of the southeast quarter, section 3, township 25 north, range 4 east.

'2. That on the said 13th day of March, 1893, defendant unlawfully entered said premises and ejected the plaintiff therefrom, and unlawfully retains possession thereof.'

The judgment of the superior court having been affirmed by the supreme court of the state (26 Wash. 668, 67 Pac. 401), the case was brought here on error.

Messrs. C. W. Corliss, O. C. McGilvra, Henry W. Lung, and John F. Main for plaintiff in error.

Mr. W. B. Stratton for defendant in error.

Mr. Justice Brewer delivered the opinion of the court: