STATE LAND LAWS 31 



BOARD. SEC. 19 



That the Board of State Land Commissioners or the Commis- 

 sioner of Public Lands may recall any lease, contract or deed 

 for the purpose of correcting mistakes or errors or supplying 

 omissions. (Laws '97, p. 261, sec. 67; amended, Laws '09, p. 

 768, sec. 8; sec. 6612 Rem.-Bal. ; 477 sec. 209 Pierce.) 



Former Laws: Laws '95, p. 570, sec. 102. 



Note: The title and text of the act of '09 show purpose to amend 

 sec. 67 of the act of '97, although sec. 37 thereof is referred to in 

 body of amendatory act. 



Review for mistake or fraud: sec. Ill, post. 



Cited : 14 Wash. 425 ; 38 Wash. 615 ; 44 Wash. 274 ; 54 Wash. 482. 



After assignments of a state land contract have been approved by the com- 

 missioner and a deed issued, the same cannot be collaterally attacked for de- 

 fects in the assignments : Price v. Loe, 56 Wash. 253. 



Prohibition will not lie to restrain acts of board : State ex rel. White v. 

 Commission, 23 Wash. 700. 



Under Laws 1895, p. 570, it was held that the state board has no authority 

 to review the acts of the local boards in the location of streets, where they had 

 become established : Seattle v. Forrest, 14 Wash. 425. 



Evidence of fraud in bidding held sufficient to warrant disapproval of sale 

 and cancellation of deed : State ex rel. Shores v. Ross, 47 Wash. 210. 



Upon the discovery of fraud vitiating a sale, the commissioner or the board 

 may disapprove the sale and withhold delivery of an executed deed : State ex 

 rel. Shores v. Ross, 44 Wash. 246. 



The state is a necessary party to an action to cancel a deed of state lands, 

 and a private citizen who was fraudulently prevented by state officers from 

 bidding at a sale has no such interest in the land as would entitle him to main- 

 tain such a suit : Powers v. Webster, 47 Wash. 99. 



A tide land deed issued by mistake, without the exception of a right-of-way 

 for a state road established before the filing of preference right application to 

 purchase, will be reformed so as to exclude such right-of-way : Aberdeen v. 

 Wiley, 60 Wash. 434. 



In the absence of fraud, a deed will not be set aside upon the ground that 

 the land carried more than the prohibitive amount of timber : State v. Ort, 66 

 W T ash. 130. 



Under this section, the commissioner may refuse to sign a contract for the 

 sale of a whole tract of land over which a right-of-way for a street was granted 

 by an act which did not become effective until after the sale : State ex rel. 

 Stirrat v. Ross, 54 Wash. 481. 



An order for the sale of state lands may be rescinded without notice or 

 hearing, and such action, being within the discretion of the board, is not sub- 

 ject to review by the courts : Poison v. Callvert, 38 Wash. 614. 



An order of the board awarding the preference right to purchase tide lands 

 does not become effective until certified to the commissioner, as provided in sec. 

 93, post, and until so certified the same is subject to review by the board : Kin- 

 near v. Ross, 74 Wash. 391. 



In the absence of fraud, a deed of state lands will not be set aside for a 

 mere irregularity in the manner of sale, growing out of the failure of the 

 board to strictly comply with the law : State v. Hewitt Land Co., 74 Wash. 573. 



