The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-04-21
nsTRICT COURT DOlnGs.
Sae Celebrated Hill Tract Case
Finally Decided.
~..psr.ry Is5snetisn Grant<d-Hs-
>e.s Corprs strest Grade Salts
--plysree-chanxe Of Venue

~ G. Hill, WHICH y - 4fEklfa &Hl
admitted before him on Thursday.
.nd which Involves the title OF that
vsinaf.e tract Of land IN wlsas i known +
: The w. G. Hill tract. back of the
souti, school the large body OF cleared I
md vacant land that can be seen
frcu the Lake Washington cable car
lines
The action was brought by The Nc
Aleer heirs against w. G. Hill to have /
him declared trustee. under bis patent
from the government, for their benefit. /
demurrer TO the complaint filed ~
the defendant, Hill. was sustained By /
1udre Hanfori yesterday
The McAleer heirs claimed that i
tbev G. G. Hugh MeAieerl had /
hosight the land iii question from i
nsyIds Maynard and Catharsne T
asynard, his wife. and that. at the /
firne be bought it, Gatharins n Mayn-
srd held donation certificate for ii 4
thst under bis deed from MAYNARD /
ssd wife. AeAleer went into posses
son and made improvements on the +
srepefty to the value OF r. 90: thai i
speae twelve years after he took pos
sesssn under his deed. the com mis-
suzer OF the general land Office at /
Washington. without any notice to i
kfa. cancelled the donation certificate /
81 cafharine T. Maynard. fhat after 1
ierwards McAleer offered % file pre-
emp4i0n claim, which was refused.
and That after his presumption claim /
was refused, Mr.. Hill fled portertield /
scrip on the land, McAleer being still /
m possession. aud q ffw weeks after /
the scrip was located, McAieer offered /
his homestead filing. which was re- /
iocted By the land Office
The court held that the cognmis-
ss0ner of the general land otsies had
right 10 cancel Catherine r Maynard d |
donation certificate, and that. there
fore, neither McAIeer rsor his heirs
could claim anything under the deed
from The Maynard's, that be acquired
no rights whatever by bis pre-eaap-
ton application. and, not having made
final proof on his homestead appiiea-
ton. and thus not being entitled 10 a
patent under the homestead laws. q
court of equity could rot declare Hill.
20 whom the United States had
granted patents for the land in qaes-
ton, trustee for MeAieer or his heirs.
Judge Hanfcrd stated. In making
his opinion, that for several years he
had argued the same proposition
maintained by the attorneys for Nc |
Aiser's heirs. both here and at Wash /
iugton; bat now. as judge, he felt /
constrained 10 decide tile other way.
IL is supposed that this will be the |!
end OF long, tedious litigation. and /
that this land, which has been so long /
tied up. will become residence por-
ton of the city. Ii is announced a.
the intention OF Mr.. Hill. who Is now |
in Washington city, where he has very /
large interests, 10 come 10 Seattle at /
ence and commence extensive Inn |
provemenis on the property. II he is /
assured that he will be troubled no |
more with suits over the matter.
Jacobs & Jenner and Humes & An /
drews are attorneys for the plaintiffs !
and Junius Rochester is the attorney
for defendant, Hill.
BOTH SIDES gsioIsED.
4 temporary injunction was granted
in the suit of Nellie NJ Scnrry. ct al, /
". Waiter Collins. ct al, restraining
the defendants from interfering In any
manner with the possession OF the
plaintiffs in and to block nine Of
Terfy's fifth addition and from driving !
piles or piacis,. asy other obstruction 1
snywlese within said block, or in /
frunt, or on the sides of the block. or |
between any part of the block and |
deep waters If Elliott bay
Late last night u temporary iniane- |
ten was granted ON the application OF /
Collins against Nellie NJ scurrs. ct al. /
with the same fernIs and conditions as
tho above, the object of the sross.hili /
being - enj lin he Scgrry's from pro-
ceedlng with improvements or ohstruc-
tons while Collins was tied mp with an
Injunction As tile matter nos stands
both parties are restrained until tic
court decides upon the merits of the
case. which Is one Of the most gexa-
tions growing ont Of the tide flat dis
pntes.
TIRE TERRY nsnEAs CORPUS.
In the matter of the application Of
]. T.. Terry for a writ OF haheas corpus.
continued fram the last term. ii was
ordered that Terry he discharged from
custody, his sursties exonerafed, end
that the costs Of the action be taxed
to A. r. Saunders, who caused his ar
rest and imprisonment
10 will be remembered that Terry
was arrested while fhe district court
was in session last term for cutting
down piles Gu the mud flats. He made
application To Judge Burke for writ
OF haheas corpus, which was granted
and made feturnable ut such date as
10 come before Judge i,urke's sncees-
cor, for the reason that Judge Burke
hal personal interests ia the matter.
THE STREET aRanE eAsEa.
The city attorney brought up the
eases OF the city of Seattle W. Robert
Russell. Samuel kennev. u. II. Jack
son. John Michael Samantha
Barton, John Wenz1er. James
EaNsught ct AL, Franklin Maih-
ras, Elizabeth Anderson. w III White,
John blanchard. III. l. yesier and J
ID. bowman. trustee, anon the de-
murfer 10 the plaintiff S complaint.
After arguments ot counsel the de-
niurrers we're owes ruled in each of the
cases, and the defendants were allowed
thirty DAYS in which 10 Tile their am
sxsrs. The same order was made in
the suit of the city Of Seattle vs.. Wat
son {. Squire.
These suits are 20 recover street
grade assessments. They will he
brought 10 issue by the filing of an
sssrS and viii probably be tried at
he next regular term of court,
ntyoacs SUITS.
Alice Thompson commenced SUIT
for divorce from her husband. Joseph
Z. Thompson. Ia whon she was mar
rled At Canb0rne. England, January
xs. 1874. Cruel and inhuman treat
msnf, abandonment and desertlon, are
the causes Of action alleged 10 the
complaint.
The divorce suit of Mary {. Ernst ".
Jacoe Ernst was referred ~ Ehen
saith Esq 10 take testimony and re-
Pert findings Of fact and Iaw 60 the
court.
:, In The case Of Sarah nsshavS VIM
hnsha, and Henry Grothenn vs.
Theresa Grothenn, DEGREES of divorce
we're entered.
cHkNSKs az VENUE GRANTED.
In The suit of Anna Sofa Bssgger
and Ole Sehiilestad. executor Of the
sssaie OF Iohan Rrygger, vs.. John
AsaEe. II was ordered that u change
venue TIC granted "a Tacoma. The
Ease 81 the Territory vs.. John heane
vas also transferred TO Tacoma.
ADMITTED 10 PRACTICE.
Two attorneys were admitted 90
practice in ali the courts Of Washing
nn. Thomas T. Shepard, upen a Ger
saeate from the circuit euurtfer Fond I