The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-10-02


me Dslyfn-Dus1s suit which hes hsen In the
eApefioR court 1or Some time. and which has
eensed ereat deal Of intsrest on account Of
a. large amount u money involved, and also
peceuoo 81 he prominence Of the psruee lii.
gAnl, VA finally disposed Of saturday, Judge
Ltehtenbesg anding for the defendant. Judss
1honns Busks.
me s1It wss broushs b. y. ". Bslvin to NJ
ooyer To value Of cne-stxteeuth OF . tract Of
land on me north shors Of LAKE Union known
= ~ DENNY 4 Hoyt traot and containing IA
acrek Judge Burke had power Of attorney
nom ~. ". Botvin, nou-ressdenf, and he
canned the tract 70 Be sold Ia court, there being
several owners bonides himself aud Delyin. In
he act1on that has just been decided. Belvin
was trying 70 geta Judgment ssainst Burke for
the present value Of one-aixteeuth OF the tract,
The sale VA made three yean age. and Kelvin
recetyed >60o for his share. Now the whole
property a worth ea1ll.60o, and one-sixteeuth
= waived Ct about $4,000.
Judee Lichienbere. In summing up his fnd-
tnp Of fact at the close Of the arRum mt, found
that tn ISIS, W. ". Beivin. the plaintiff: Thomas
4. Burke, J. J. McGilvra, J. B. Metcalie and +.
a Day, entered into a Agreement with Judge
Burke for the purchase Of certain tract known
- the otrickler tract: that the land being ct
that time and Ill the time up to the sale by
judge Burke In 1857, unimproved and IN
cultivated. The land. the court held. wai par-
chased for speculative purposes. and that the
legal title was placed in Judge Burke'a hands
Tor purposes Of convenience: that there was no
agreement entered into, either expressed or i'm
piled. not 70 ~ without the consent OF eli the
partieG
shorty after said agreement" said the
Judge, "the real estate market fell in value and
up 70 1857, there was practlcslly no sale. During
the spring and simmer Of 1857, for various res
Sons. one Of which wss the advant Of the Seat
tie, Lake shore Eastern railway, the real es-
tate market became more active and all Of the
parties interested IN the land living in Seattle
and those not living hero. except ". W. Belyin,
believing the proper time for taking advantage
Of the zise had come. requested the defendant TO
SELL
He also held that Judge Burke had made
proper effort to notify Belvin Of the sale BY adj
vertising. ETC.. and thar the partition proceed
tnes wers regular. the land being sold by order
Of the district court for about &20000. fair aud
adequate price, The variops owners of frac-
lions esch received their pro rata shares Of the
proceeds Of this sale and Beivin received his
share also, Afterwards, by drawing on the Puget
Sound National bank. Judge Burke and his a.
eociates afterwards bought in the property and
Judge Lichtenberg held that there was no col
lusion between Judge Burke and A A. Denny
and the other parties that they were to buy In
again when the sale Wa made In court 6ubse-
qdently real estate increased In value and in
1883 Judge Burke and associates sold out for
$4,000
Judge uohtsnbsrg in his conclusions Of law
held that there was NO fraud against the plain
defendant ID entitled TO judgment against the
M. forrS o,Aa