The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-09-16
a IMPORTANT SUIT.
,,rrs 10 ssses WORTH oF eirr
rreprKTr INVOLVED
...v. Of Hugh McAIser Bring
.~.lass william G. Hill to
aboss zoo Acres Of Land In
..wuard Donation Claim

- ;uvclsing the title TO abont
I s - worth Of city property, com
80 - 4 iss IS acres in the Maynard
-. -: :. rlairn. vas commenced yes
so1 o. Il the district court. The
$50 So. are Patrick MeAleer, susan
49,, Ellen MeSoFiey, II. ).
,sa 49, = Mary E. tiolay and catha-
80 Ham. the heirs ard next Of
- .suurh Mcaleer. deceased, and
q z .s.r5ants are William G. Hili and
q V Washington, u. =.
s5s : mar rssE cpxrLAIyT SAYS
a,,avlasnt states that in 0cto-
-. ~ ~ layid :. MAYNARD flied on
" s.ewn 4 the Maynard dona-
rs .ssm and entered into and re-
- - = ,.eses.ssion Of the land, csii-
t - mi improving il until he OBJ
49, 49, rpyernment certificate: that
ussleer then purchased 81
-. q the land and obtained a var
- ~ aesll from Mr.. and Mrs. May
s tthsrsscr. afr. McAieer remained
~ ,' -, Of the property he had
y $3.50 untii biz death and made
Fs.l'ss.,,s;sI improvements on H. In
.a.s ~ Commissioner OF the general
~ - s9ainst Mr.. NcAleer's pro-
49, vs..,zss<ied the donation certificate
$3.50 NJ. Maynard was concerned.
2. asAleer thereupon made an ap-
,s:.ss:on b file ON lots 2, ID and IL,
E No. and lots 7, and 8, section 5,
~ Il. ,leclarafory statement vas re
-. +, IL The register aud receiver
= - land Office on the ground that
Z. - already the owner Of 33s1 acres,
- shaf the lard embraced in the
- s.si.--sorv statement was within the
ss -ss. limit Of the city Of Seattle.
q eAIeer took successive appeals
< ,hs commissioner OF the general
- a,Hee aud the secretary Of the
'essrior. AMI ID each ease the former
s,zi.;on xas Affirmed
ssoraKR VAIN ATTEMPT
rs 1xsl the commits. ipiier 81 the
...'srsl land once di.aIiowed the claim
Z H. ei.y Of Seattle to tie premises,
- III. McAleer then made an april
-sFi.st. 10 die 4 homestead claim on the
- a. he had already made inn
sgoyfments amounting 10 5000 on the
srepersg. The application was refused
s,s.sllse il coniiietea with the appliea-
SC d J. Vance Lewis and W. &.
I'll. whose claim Was based on an act
y csngres for The relief Of the legal
.,rresssstatiyes al Charles Petserheld.
IL oct provided that el33 acres OF
pgldie lands not already appropriated
might lie heated by the executors OF
NJ. P0iterfeid's estate.
The complaint reeites that some OF
she government script issued in the
fufiessieid case was purchased by ami
assigned to Mes.rs. Hill and Lewis.
aed that under Is they located lots Q,
II. IS and Ii. section 4 and lots 9. :. )
aud ., section S, township 81 north.
ssaee east, includiug that previously
purchased hv Mr. MeAleer from Mr..
Maynard. The application Of Messrs.
Hill and Lewis wax allowed ami pa
isHis gere issued 10 them. The plain
IT, recite that the land had never
Ixen offered for sale by the United
ssates government; that the Porter
held script was not assignable and that
!sgally land could not be located I'M
seg Il except by the executors Of the
estate: that The land in
,aes.ion was not subject 10 location by
sny0ne. as the title was vested In Me-
iIeer; that Lewis conveyed ali Of hi
essrest 10 Hill. who claims 10 be the
ole owner, and that McAieer remained
D pc session Of the property until last
FEBRUARY, when he died interstate.
THE REfIEF ASKED FoE.
The plaintiffs ask that the court
nav decree that the title be held 10
gust for them by Mr. Hin. and that
be he required 10 execute a full legal
Of the premises In case
Il Mr.. HIS refusal 10 do so, they
ST that commissioner be appointed
With fun power 70 make the convey
sace The property has become 30
Faluable owing 10 the growth al the
its that the suit viii probably be
lolght 10 the bitter end.