Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-03-26
District COurt-at Chambers.

In the case of Isaac Pincus vs. Jasper
Hartman, judgment for defendant Hart
mani for costs was rendered. This is
the end of the great hop case.
ID. j. Talbot VS.. Thomas Macleav; mo-
ton for new trial herein denied. \ judg-
ment for plaintiff for possession OF lot
L, block 1, Patterson's Capitol Addition
to Olympia, and for s. - damages and
costs was rendered, and stay OF eXecu-
ton for twenty days.
The following points are involved in
this case: On October %, 1874, William
Patterson and Elspeth Patterson, his
wife, owned lot L, OF block I, Patterson's
Capitol Addition to Olympia, and on
that day, it is claimed by Defendant, Mac
lcav, executed a mortgage on said L ard
on lots T, o, 7 md X, OF block s. in said
Capitol Addition to Olympia, which they
also owned, to secure the payment OF the
sum of three hundred dollars borrowed
OF J. = Allcr. In fact this mortgage en-
braced lot ", of said block I, instead of
lot L. On November -, 1874, Vim. Pat
terSon, anG Elspeth his wife, sold and
transferred lots L, I and U, OF block i,
Patterso. 5 Capitol Addition, being con-
tiguous land, to William T. Patterson,
of Santi Clara county, California, their
son, which deed was duly recorded in
the Aiditor's office, at Olympia. After
wards Thomas Maclcay and Donald Mac
leavclaim to have purchased the note
and mortgage from }. 5. Allen and
brought suit in February, 1879, to fore
close said mortgage. October 5, 1873,
Win. Patterson and wife, of Santa Clara
county, California, sold the lots L, L and
{ to d. j. Talbot and gave him deed
riercfor, but the deed contained but one
'Ni:icss and was therefore defective under
our law. 1t WAS recorded soon after it's
execution and delivery at Olympia in the
Auditors office. In the foreclosure suit
ri Thomas and Donald Macleay w. VIM.
Patterson and Elspeth Patterson, at
Olympia, in 1879. neither William r.
Patterson nor ID. j. Talbot were made
parties, and both were non-residents of
the Territory. The case went to final
decree in April April, 1879. The land
was sold to Thomas Macleay, who, in
November, 1850, obtained Sheriff 5
deed September n, 1855, ID. j. Talbot
obtained Il corrected and conlirmatory
deed from VIM. 4. Patterson and wife,
for the lots in question. Defendant
Thomas Maclcay went into possession of
and has since been in possession. Sep
TENDER Is, 1888, Talbot brought this ac-
ton to recover possession of the land
Marlcav defended, vi til" ground OF the
Allen mortgage decree ri foreclosure and
~hcrin's deed OF November, 1850 On the
trial the Court excluded the evidence OF
tine Allen mortgage, the decree OF fore
closure and sheriff decd, on the ground
that u, neither plaintiff nor his grantor.
Vim. i. Patterson were made parties to
that suit, they were not bound by the de-
cree. This lett defendant, Maceay,
without any defense and the plaintiff
had Judgment.
But the most curious part OF the Story
remains yet to he told. The original
mortgage to Allen describes lot 10, Of
block !. This mortgage has been
changed by crasures and the figures
changed to L. The change is in different
ink. The record in the Auditors office
is changed in the same manner. The
last change was made subsequently to
March Ii. 1881. Who made these
changes? is Il question: that has not been
determined. Hartman appeared for the
plaintiff and Thorn and McFaddrn con-
ira.
Territory OK rel. Ballard, McFadden
and Hartman vs.. Robert Mari, \. IL.
Chambers and Appollona Hoffman.
Final judgment for plaintiffs ior peremp-
tory writ of mandate against the defend
ants, Chambers and Mari, as Mayor and
Clerk OF the city OF Olympia. Appeal to
the Supreme Court and bond fixed at ST.
600 pending such appeal.