The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-05-29
DONE IN THE COURTS,
Inventory o. Charles r. Hig-
gins Estate Filed.
saEAcn or AGREEMENT SUIT.
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The appraisers inventory Of the estate
Of the late Charles r. Higgins. OF Montana.
vas 6isd with Probate Judge Richard
Osborn Yesterday. The salue Of the real
estate fr the state Of Washington reaches
SASS, principally in acreage adjacent 70
Seattle. The inventory h Is follows: The
southeast quarter Of section s.. township
- north, range 8 east. King county. $40, 900:
s;xfy-nine acres In section IS. township -
north, range 3 east. King county w. TO,
thirteen lots IN Maynard's plat and Me-
A IeeY's Homestead, $500: ffty-cne acres
in section IS, township q north. range
east. Island county. $50; eighty acres In
section 90 township 81 north, range east,
Island county. $50: Id acres In claiiam
county, 1870: eighty acres In Jefferson
county. $afD The administrator fees win
amount 10 over 1900.
rnE KAILKoAp AvKsrK CASES.
The two cases Of the Seattle Terminal
Eajlway 4 Elevator Company. one against
the Coiumb;s a Puget Sound Shore rail-
TODQ, 8IQ &u& Ot0Gf ~ 0tft3s s&sE AAeeA -
Paulson Furniture Company. for the con-
demnation OF hgbt-of-way, were set for
hearing yesterday in Judge STATIONS de-
partment As these cases viii involve
many important questions, the hearing Was
continued until today. II Is expected the
argument OF the preliminary questions VIII
occupy considerable time and touch upon
many disputed points Of law. such Is the
everlasting tide land question. the right OF
the city TO condemn the streets. and per-
haps the Walla WslIa subsidy The pre-
iiminary questions Of the case ~ TO whether
the corporation IL empowered with the
right Of eminent domain. and whether it
In necessary to condemn the property, will
be decided upon by the court. after which
the jury will appraise the damages These
are the fiTst right-of-way condemnation
suits that have come before the superior
court Of King county under the act OF the
last legislature.
SUIT FOR BREACH or AGREEMENT.
The suit Of A. d. Hart & Co. VS.. the
for dsmages for breach OF agreement. was
tried before Judge Humes today. and will
20 70 the jury this morning. The plaintiffs
in this case claim that they were to re-
ceive the exclusive state agency Of the de-
fendsnt. with the exception Of the North
Yakima and Ellensburg districts. These
were 70 b. controlled by Hurd. Beck a
Baker. Hart & Co. were to receive q COM
mission Of 100 per cent. OF application fees
and 2 per cent for renewals. Hurd. Beck
a Baker. Ii Is alleged. intruded upon their
territory. taking loi new members, collect
ing s3035 fees and sishG renewals. The
plaintiff sues for 81 so % damages.
FRAUDULENT TITLE.
Alexander Spithill. holding warranty
deed 10 the southwest quarter OF section
IS. township IS north. range east. King
county, filed complaint praying for q
judgment nuIlifying an alleged fraudulent
title to the same tract held BY Franklin NJ.
Jones. Mr.. Spithill purchased the property
last March, obtaining = warranty deed
from Frank n. short and wife. After he
purchased Il, IL 10 alleged. he discovered
deed q record 70 the premises conveyed by
Short to William r. Browne. OF Seattle.
This couvsyancs was not signed by Mrs.
short The complaint alleges that this
decd Was obtained by Browne by fraud in
the following manner: In January, lSss,
short borrowed $50 Of Browne, for which
ne agreed 10 give his promissory note. A
.saper was presented him for his signature
which he signed. believing that 1t was q
note. II afterwArd proved to be war
ranty deed. No claim to the property was
ever made by Browne. Short remaining in
undisputed possession OF the place until
Its transfer 10 spith.ll.
TREY WE'RE rARrNgRs
Judge Liehienberg heard the trial Of the
case OF Louis wawson VS.. u. N. Holden,
and decided that the parties were partners
in the proprietorship OF the Zerline saloon
The trial occupied the court nearly ell day.
The suit was brought by Wawson for an
accounting and settlement the appoint.
ment OF 4 receiver. and for decree for the
selling of the business and winding up the
affairs Of the partnership, sll Of which was
granted by the court. Holden maintained
IN defense that Wswson had no ownership
whatever in the business. and that he was
simply working for him on q salary. with
the privilege OF becoming PARTNER when
he had paid half Of the cost OF the business.
800 strnarick was appointed receiver.
NIGHT SESSION
Judge Lichsenberg WAS held until past IL
O'Clock last evening hearing the argument
OF counsel In the case OF George +. Way VS..
&. W. shaiu. q suit for the specific per.
iormanee OF contract, continued from last
Thursday. The decision OF the cour,
granted the plaintiff the relief PRAYED for
The defendant in this case bonded 20 the
plaintiff = lot in Gilman park, bindins
himself To execute the CONVEYANCE upor
the receipt Of the deferred payment o.
$is7, within = specified time. The plaintiff
subsequently made tender at the amount
and the defendant offered 10 convey Oh,
property by deed signed BY himself, hu
claimed that his wife would not sign IL
The plaintiff refused this conveyance ane
brought this suit When the bond wa,
executed BY c. W. Shain he MAS q married
ran. The court found that the propert,
sold by Shain vas not community prop
esty. and that therefore the plaintiff is en-
titled to the relief prayed for.
LAKE rSies sovIxvsRn RESTRAINED.
A temporary restraining order will N
served upon the Seattle Electric Raiwa,
and Power Company this morning, re
strsining this corporation or It's servant.
from proceeding with the work OF r,lins
fer the construction OF its line along shs
shore OF Lake Uaion fronting block 3. o
the kien addition. The order was grantee
last evening by Judge iseh,enherg, upor
al application fled by julius Horton ans
Henry G. strive. owners OF block = III,
plies have heea drivea and sre ready 20 b,
canned to-day The hearing Of The s.aass !,