The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-04-19

.rl,e 1ftirz45oH over The possession Of
- sttir Of lxnd along tae water frunt.
seensioned By she suits Of ejectuaenf
LIN ~ Mr. A. A. Denny aRainst !
ncmber o. squatterx, hss given rise 10
rrest deal ef comment, and some
e.eas;ness has been felt by persona
80 have bought properly d Mr..
/ nrany along the shores 81 the barber
a. fheir titles might be in some way
eGecied 81 the suits. That the status
81 lie case might Be obtained and pre-
aaxtcd 10 the public cali was yes-
1urtay made by . reporter upon Mr..
3. z. Blaine, attorney for Mr. Denny.
ssThe headline "a your account Of the
fermfnafion OF the case In Juaziee
Eivers' court, 'Squatters Win 4 Vic
fory, vAs misleading and has, think,
AfS;r the cause o! number 81 In
.0uiries that have been made Of Mr..
benny and Of our firm. Neither M.
DGIssy nor ourselves would care mach
- this matter were il not for the tact
1aat Nh. Denny has sold great many
- on the water front. and the Per
ms 10 whom he has sold such prom
.xfev are anxious 10 know Il the TUE 70
~ lots Was defective mt the time Of
transfer This II very annoyin9
= II. Denny, Is hG is very xenxIfiye.
Sr1 believe be would Be the very last
son earth to sell piece 0f prop-
ITO which be had any reason to
1--we the tiflo WAS defective. No
- ~ 10 the title OF the property in
%&<xz - -
1isers. as he has no jurisdiction by
5heorganic ret or by the statutes Of
~ territory 70 try any question Of
tile or boundary The justice merely
1eeeised evideace on fhe part ot the
ascendant ~ 70 the question OF title,
md as room as that question arose
from the evidence Of the defendant,
10 certified the case. as Vas his duty.
- the district court, where the ques-
Ton OF title alone can Be inquired into
The f5eld notes, plat. and patent
h relation 10 Mr., penny's claim were
Introduced in evidence in the jastice's
court, and the field notes described
the claim as beginning at the north
west corner OF the claim and at the
southwest corner of w. n. Bells
claim. At half tide, on the beach Of
Elliot Bay. rs links west Of high water
mark. In section 81. where Get stone
from which Dir II inches in diameter
hears north 10 degrees. east lis links
Distant laurel Is inches in diameter
bears south 10 degrees. east 100 de-
grees distant: thence with the mean
der Of the hay south &c. rs degrees, east
5BO7 chains, thence south 1926 de-
grees, east 17.68 chains. where set .
post In section 3f.75 links west OF high
water mark for the southwest fraction
q corner Of the claim. From this de-
ocription there can be no doubt that
nr. Denny owned all the land above
half tide, and Knee the patent Is based
upon the certificate and the certificate
up0n the plat and the plat upon the
notes Of the claim, ~ 3 matter OF law
The natural objects high water mark,
hall tide, bearing trees, stone monu-
nsert and section posts named in the
6eid notes must control the courses
and distances named in the patent.
and these courses and distances must
eiye way TO them.
Mr.. Denny will have little trouble
ID the district court, I'm maintaining
bis acfions against the squatters, and
I'll those perssns TO whom be has sold
lots upon the water front need have no
fszr that they do not hold perfect
titles, 50 far ~ defects in the original
title of Mr. Denny are concerned.
The action OF Justice Rivers ia the
case. Of which you gave report. il
satisfactory TO Us. as Il was righteous
from the standpoint of the justice.
New questions. however, will arise in
regard 10 the other cases before the
justice, unless we shall see Git TO have
them certified TO the district court fnr
tY3sl y