The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-28
|1D0E BURKE WON.
! Famous Belvin Suit De-
cided In His Favor.
so,ros or FACT AND or LAW.
:. p1ainsilh Are Estoppsd. - There
Wa No Fraud-New Suits
riled- Calendar.

3 - nnlvin-Durke suit, which hes been In the
s.vler CONT for some time. and which has
<ss1 aroos deal Of interest on account Of
~ laree amount Of money involved, and also
sesuce Of the prom nsnce OF the parties liti-
~ - 0pally dispoaed Of last night, Judge
ErIieabsss hndins for the defendant. Judge
A ono Burke.
- tie value Of ope-sixtesnth OF . tract Of
assd ID the north shore Of Lake Union known
~ - penny 4 Hoyt tract. and containing 2ll
- Judge Burke had q power Of attorney
I'm Y. ". Delyin. nonresident, aud he
ssnesd the tract to be sold In court, there being
s s,,erul owners besides hfmself and Belvfn. In
~ action that has Just been decided, Belvfn
- tryipe to ge; Q Judgment against Bufko for
! ~ ueeoent value of onc-si xteenth OF the tract
J SafuiuR that the sale was fraudulent,y made.
n ~ was made three years age. and Belvin
rravsd 800 for his share. Now the whole
eupertyh worth s2.1ll.Soo, and one-sixtesnth
tvelscd st about $4,000.
51se uchtenberg. In summing mp his hnd.
II & lsct at the close OF the argument, found
~ = IBSs ". w. Kelvin, the plaintiff: Thomas
4. Burke, J. ]. NcGilyfs. J. B. Metcaife and +.
| 4 Day. ept red into m agreement with Judge
. 1rko lor the purchase OF . certain tract known
= ~ etIsckier tract; that the land being at
- dino and ali the time up TO the sale BY
! 80 Burke In 1887, unimproved and IN.
eIidvated The land. the court held, was pur-
ehud tor speculative purposes, and that the
ri title was placed in Judge Burke's hands
| r puSpoees Of convenience; that there WAS no
agreement entered into, either expressed or i'm
Sled not 70 ell without the consent OF I'll the
parieG
shortly after said agreement" said the
hdee, the real estate market fell in value and
. 70 1e7, there was practically no sale. During
e spring and summer Of 1857, for various rca.
nnx one OF which wss the sdvant Of the Seat
e, LGks Shore 4 Eastern railway. the real es-
hie market became moro sctive and all Of the
pasties interested In the land living Ia Seattle
ana those not living here. except W. W. BeIvin.
belisvtug the proper time for taking advantage
u he riss he'd come. requested the defendant to
IN"
Be also held that Judge Burke had made
prppes effort to notify Belvin Of the sale by q.
vrtidng ETC.. and that the partition proceed
Inn wsFe regular. the land being sold by order
81 the district court for about So 900 fair aud
adequate price. Tho various owners OF fracr
nons each received their pro rata shares Of the
pfocoeds Of this sale and Belvtn received his
shass also. Afterwards, by drawing on the Puget
sound National bank. Judge Burke and HIS a..
poetates Afterwards bought In the property and
Judss uchtenberg held that there was no col
luion between Judge Burke and A. A. Denny
and the other parties that they were to bay In
again when the sale was made in court eubse.
edenuy real estate increased In value and in
~ Judge Burke and associates sold out for
)3Soo0
Judge Nchtsnberg in his conclusions Of law
held that there was no fraud against the plain.
~ Delyin; that Bslvin 10 estopped and that the
attendant b entitled TO judgment against the
Plaintiff for costs.
coxDExNArroN SUITS
!. The Seattle & Montana railway condemnation
osin were continued before Judge Humes all
~ yesterday, . d the jury retired 1t o'clock
Vim leave 70 bring in sealed verdict
NEW SUITS FILED.
1oderick Martin brings . suit against Daniel
lsssr and william Greeley to recover Slsel2,
elleeed to be due for services rendered in the
eofendant's logging camp.
chsslep Dornschte sues c. z. Grow for slss.5o.
0I16eQ TO b due for services.
The case Of Indian Joe, the White river IL
wash Who hi led his klootchman with piece of
Z scyths last week, was nled with the county
clerk yesterday. With the papers in the case 10
the knife or weapon with which the siwash
bes { his victims brains out It 10 part Of q
Aads of scythe about two feet long, rusty and
nat On one end 10 bound. with heavy wire,
Z handle Of oak, the whole making . very
nemloaole weapon. C10eteo blood u on the
landle and the blade. and 1t 10 altogether the
nsst ghastly exhibit introduced In the coart for
une tine.
The case Of Francis williams. charged with
aarrying concealed weapons. Wa fled in the Cir.
cult court A bulldog revolver was offered in
evideuce.
fApen In the case of the State Va Francis
Williams were filed In the county clerks once
Williams is up for burglary. and fourteen
sosth American coins were offered with the
complaint a. evidence.