STATE LAND LAWS 99 



ASSIGNMENT OF CONTRACT. SEC. 109 



Time of payment on contracts under former laws extended to July 

 1, '09: Laws '97, p. 244, sec. 28; Laws '03, p. 116, sec. 6. On contracts 

 under acts of 1890 and 1893: Laws '95, p. 54. 



Forfeiture of lease: sec. 135, post. 



Preference right to lease on forfeiture of contracts: sec. 137, post. 



Cited : 30 Wash. 272 ; 33 Wash. 385 ; 35 Wash. 630. 



It is not necessary that the board should formally declare a contract can- 

 celled after a holder has been in default more than six months and notice 

 has been given and the contract stamped "cancelled" : Frazier v. Wilson, 35 

 Wash. 625. 



Service of notice of delinquency of a lease may be made by mail ; but if it 

 fails to reach the lessee and is returned unopened, the commissioner has no au- 

 thority to cancel ; and if the lessee pay the rental within the required time after 

 actual notice, he is entitled to reinstatement : State ex rel. Smith v. Ross, 42 

 Wash. 439, 



SEC. 109. RIGHTS OF ASSIGNEE APPROVAL OF ASSIGNMENT. 



Each assignee of a bona -fide purchaser or lessee of any of the 

 state school and granted lands is subject to and governed by the 

 provisions of the law applicable to the purchaser or the lessee of 

 whom he is the assignee, and he shall have the same rights in all 

 respects as the original purchaser or lessee of the same class of 

 lands: Provided, The assignment is approved and entered of 

 record by the Commissioner of Public Lands. (Laws '03, p. 

 116, sec. 8; sec. 6692 Rem.-Bal. ; 477 sec. 103 Pierce.) 



Subrogation by foreclosure local improvement tax lien: sec. 341, 

 post. 



Fee for approval: sec. 32, ante. 



The approval of an assignment of an undivided interest in a contract of sale 

 does not create a separate estate in the lands, and neither the original pur- 

 chaser nor the assignee of such interest is entitled to a deed until full per- 

 formance of the contract : Opinions Att'y Gen'l, March 28, 1913. 



Neither by direct lease nor assignment may one person or corporation ac- 

 quire a leasehold in an area of granted lands, except Capitol Building lands, 

 greater than one section, under the Enabling Act, (sec. 585, post) and sec. 1, 

 Art. XVI, Const., ante: Opinion Att'y Gen'l, February 15, '13. 



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. 



County treasurer's deed of state lands held under contract and sold upon 

 foreclosure of certificate of tax delinquency will be treated as an assignment of 

 the contract : Opinions Att'y Gen'l, '01-'02, pp. 268-333. 



Under a statute providing that "any interest in land" shall be sold under 

 execution as real property, a sale of a leasehold under the notice provided for 

 sales of personalty is void : Reilley v. Anderson, 33 Wash. 58. 



But ordinarily a leasehold in state lands is a chattel interest only : Tibbals 

 v. Iffland, 10 Wash. 451. 



