The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-27
DONE In THE COURTS.
he Bywater-dill snis ASSUMES
a Neh Form.
81 poRTERFIeLD SCI TITLE.
n,tective "BaIdy" Rogers Granted .
plvorcs From the Wife who Abused
Him-The Federal Courts.

~ celebrated Porterfeld Grip case, inyoly-
~ the Bywater homestead of eighty acres IT.
- Aefween Jackson street and Yesler eyenue
8 scain ia court Ches. w. Bywater aud wife
x.aierdsy nled a suit against W. c. Hill. who
- ersnted patent from the United States for
IS - property In 1882 by location Of Porterfeid
6cr1p, upon the land. praying the court for
1ecfe 6djudging the plaintiffs the owners of the
s1ppe7fy and directing the defendant TO ex-
~ TO them . good aud sufficient conveyance
tefhe property. The plaintiffs allege that on
0asber7, 1877, they settled upon and improved
/ e property for the purpose OF claiming is as q
s krrestead, and have ever since been in posses
- Of, and resident upon the same. Mr.. By
vsef made application on May 8, 1872 to file
- deciaratory statement for tina property in
he iand Office In Olympia aud fled the same
November %, 1881 On the 18th of December
Allowing. the plaintiff relin1uished the pre-
symptom ENTRY and transmitted 1t
homestead entry, and the
fomestead application was received. On Janu-
ms 1850, w. C. Hill, the defendant, and J.
Vance Lewis. with full knowledge that the
ylsintlffs were residing upon and cuttivating
{be property, applied for the location OF Porter
feia scrip upon the land. In august. 1882. they
heated the scrip. aud on April IA. 1855, they OBJ
fained patent from the United States II Is al.
heed that Hill and Lewis fraudulently repre-
ented at the land Office that the land was SUBJ
ject TO entry by Porterheld scrip, and that il
N&s minimum priced land. not within the lin
I Is Of amp railroad land grant made by the gov
tInment, while in truth it was within the limit
ci Grant of lands made to the Northern Pacific
Railroad Company, and was therefore double
minimum priced, and not subject to entry by
Porterfeid scrip. On January 10, 1882, J. Vance
Lewis conveyed TO Hill his interest in the land.
An ejectment suit brought by w. c. Hill
against Charles w. Bywater was tried before
Judge Lchtenberg recently, ana decided In
favor OF the plaintiff. An appeal was taken by
Bywater TO the supreme court In the case FLED
yesterday, new issue Is introduced in the
pleadings, the allegation that the land is
double minimum priced. The case has
ben decided in the land Office
sgainst Bywater as between him and Hill. It's
BOW sought to show that Hills patent is void,
On the ground that the land was within rail-
md limits, and not subject to location OF Por-
tf0eld scrip. In the case recently tried il was
h evidence that the rental value of the land
vas sl.O0o per acre per year. or $4,000 per year
ips the entire tract. Wiley. Hale & Scott are the
Plaintiffs attorneys.
UNITED STATES coURTs-sEPTEMBER SESSION.
Clerk r. NJ Hopkins, of the United States dis
tict court. has made list OF the cases set for
hearing before Judge Knowles, of the United
sene special term of the United States circuit
ard district courts in this city on September is.
Judge Hanford is disqualified for sitting in
hose cases from HIS former connection with
them. and they will be either heard or dis
missed during the special term. Following are
The cases In the United States circuit court:
United States va Alex 8. Hughes
United States Va. Seattle Coal and Transports
don Company.
Steamship Idaho VS.. United States
James Mccorwill vs. Oregon Railway 4 Navi-
cation Company.
J. Gardner Kenyon VS.. Watson c. Squire.
J. Gardner Kenyon VS. Robert Knipe
J. Gardner Kenyon VS.. Watson c.. Squire ct al
United States VS. D. X. Baxter CT al
Following are the cases in the United States
district court:
! United States VS. w. j. Adams
William Marks vs.. Steamer Susie.
United States vs. d. K. Baxter and George
Arnold.
United States vs. William p sayward.
United States vs.. William Jameson ct al.
United States vs. w. J. Adams
United States vs. Port Blakeley Min Company
esal.
United States vs. George A. Meigs ct al.
United States VS. Z. G. Cheyoise.
United States vs. Jesse w. George.
SEATTLE MONTANA RESTRAINED.
Two more temporary restraining orders were
made by Judge Stratton against the Seattle 4
Ncntan Railroad Company. restraining the con-
tractors, Earl d Donohue from continuing the
work OF construction through the town plat of
Richmond Beach. The complaints upon which
the orders were made were filed by Harvey r.
Hannon and Ronald NJ. Crawford, who allege
hat the contractors have entered forcibly upon
their premises without endeavoring 10 secure
their consent and damaged the timber and
property. Crawford prays for 50. 600 for damages
already done and Harmon for 1900, and both
pray for perpetual injunction enjoining the
company from building their road. Tue hear
Ing is set for August IS.
RELEASED FROM coSyuGAL BONDAGE.
Judge stratton granted divorce to Bolton
Rogers against Mary Rogers by default ON the
grounds of cruelty. The parties were married
10 Portland in 1881, and have lived in King
county for the past seven years. The plaintiff
testified that last May his cruel spouse hurled at
linn large dinner plate, and last July she or
desed him out of their home and threw his
clothes into the street The custody of their
/ thfee children was not prayed for the plain
tf,' and the court decreed thar they should re-
nam with the mother for the present. the hus-
/ btnd to pay sS0per month for their support
CIVIL MOTION DAY.
Judge stratton will sit regularly in the civil
apartment and assign causes for the second
IVA "a ccPttluutI, Inc HISt week IN already
llled-
NEW SUITS FILED.
The Littell & smythe Manufacturing Company
ned a suit for the foreclosure of a mechanics
hen for s3665o against p. B. NJ Miller aud II. NJ.
Deal The claim is for material furnished Deal,
he contractor, for the erection OF q three-stoFy
building for p. B. NJ. Miller.
Milliam w. Kirkwook fled suit against the
North Seattle Lumber and Manufacturing CON-
nny and Henry Applegate for the recovery of
Np1 on promissory notes. The same plaintiff
sled another suit against the North Seattle
Lumber and Manufacturing Company for $3.50
% promissory note.
smith Foster brought suit against Hans
Ahvenstedt for the recovery of s29l42 an ac-
eeant for goods
Saal r. Mohr filed suit against Therese
uanke for the recovery of s2es The plaintiff
Sleyes that the defendant conveyed lot in
Ainnear's addition TO Seattle 20 the plaintiff,
unng warranty deed guaranteeing the prop
nv Tree from hens and eucambrances. IL was
saerward found that there was an assessment of
tA against the property.
AZ. harbot,le, of the Iona Stone Company,
"a a suit for the foreclosure of a mechanics
el tos LILAC against W. F. Epler and the Epler
sasialng on balance due on a contract for mate
1s furnished Tor the erection of the building.
n ". Baker & Co. brought suit against Me-
aniey Mcclellan and the snoqualmie Mill
sonpany for $500 for a protested bill of ex-
1snse accepted by the defendants, and for
manages of IL per cent