The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-11-28
WANTS THE POOR FARM
Beriah Brown. Jr.. Thinks the
County has no Title.
He AttemPfs . Homestead Entry-
He Claims IL as q Part of the
Eminent Demain.

Beriah Brown. Jr.. of this ci;v. yes
ferdzy stepped into the United States
land office and attempted to 6ie q
homestead entry upon the I5o acres Of
land located just south Of the city and
known as the county poor farm. The
application was, OF course, rejected By
the register. and Mr.. Brown. after re-
eeiying a written statement Of The rea-
sons. turned around and walked oat
Mr.. Browns action is based upon
conclusions arrived at after several
years stndy of the land laws Of the
territory, and a conviction that the
county does not hold good title to
the poor farm The alleged invalidity
Of the title is stated By Mr.. Bro1n to
have arisen in the following manner
The l90 acres Of land comprising the
present poor farm belonged TO the
original donation land claim OF Luther
NJ. Collins, one OF the oldest settlers
OF King county, and long since dead.
The claim was decided by Mr. Collins
TO one Greenfield and a partner. and
by them to John Thompson. a Sxe!e
who was drowned in 1867. THOMPSON
left no heirs, though due effort was
made to discover them BY the admin
istrator, Nr. Daniel Bagley. In 1869
Thompson real property was declared
IN the probate court TO have escheated
to the county. in accordance with the
territorial statute governing such cases.
In 1871 the patent to the l6O acres in
question, which had never been per
iected, was granted by the govern
ment TO the county and the title has
since been supposed 10 be complete.
Now comes Mr.. Brown and claims
that the territorial Law governing es-
cheats of intestates is invalid. He
b2ses his claim on the old common
Jaw which provides that the property
OF iniestates shall eseheat TO the orisi-
nal grantor. who is usually the sover-
eign or lord OF the manor. In this
case the sovereign il the United States
according to Mr.. Browns claim, and
Wherefore the act OF the legi -lature in
undertaking to divert escheats into
the possession of counties is beyond
its power, because ii thereby impairs
the sovereignty of the United States,
which is the sole sovereign of terri
tory.
Mr.. Brown will appeal from the de-
cision of the territorial land Office to
the general land Office at Washington.
and thence in case of an unfavorable
decision to the secretary of the interior.
From here the controversy will be
| carried TO the courts and, if necessary,
through the usual course to the su-
preme court OF the United States.
The chances are very strongly in favor
of the title of the poor farm remaining
in litigation for several years.
The point raised by Mr.. Brewn is an
| original one, never having been passed
upon by any court or land office.
The poor farm is thought TO be the
only piece OF property in the territory
| whose title has been acquired by es-
cheat, and while the result of the case
will determine an interesting PROPOSE
ton, it will not affect the present title
OF other property outside OF the county
farm.
1t is evident that Mr.. Brown is de-
termined to acquire the ownership Of
the poor farm, which is worth proba-
bly, $4,000. But will he get it?