, 1891-10-23
MRS. BURKEIT WINS
The Sheriffs Deed to c. Rosen-
thai Cancelled.
The children of MRS. Burkett are
Declared the owners of the
Property at Fourth and
Plum streets.

Judge Robinson rendered his decision to-
day involving the title of the Burkett
property, at the corner Of Plum and
Fourth streets, which was bought by G.
Rosenthal at sheriff's sale The opinion is
as follows:
In the Superior Court of Thurston County,
State Of Washington
Elizabeth Burkett, II. L. Burkett, plain
titfs, VS.. G. Rosenthal and wife, defendants.
In this case the complaint alleges that in
November, 1866, and in March, 1867, Eliza
beth Burkett purchased in her own name
certain real property situate in the city of
Olympia, and that she has been ever since
said purchase and is now, in possession OF
said property, maintaining thereon her
home. That she purchased this property
with her own separate and sole earnings
and savings and as her sole and separate
property. That in July, 1878, she con
veyed said property Calvin Burkett, her
husband, joining in the deed) to H. L.,
Burkett, her son, Bell Burkett, daughter,
now, Mrs. r. w; Pettigroye, and to Nav
Burkett, daughter, since Mrs. ID. l.. Wara,
the other plaintiffs in the case. That said
properly was decided to said children, who
were then minors, by a general warranty
deed. but that the plaintiff, Elizabeth Bur
kett, reseWing unto herself, ''during the
term of her natural life, the right to use
and occupy" the same, and "also all the
rents and profits of the same T"
That in March, 1891, the defendant Ros-
enthal filed and recorded a sheritf's deed
under execution, in the auditors office of
ThurstOn cOnuty, purporting to convey
this property to said Rosenthal based
upon the sale of the property under an ex-
ecution issaed from the superior court OF
Pierce county against the property of Cal
ol,1,, ~.
title OF Calvin Burkett alleging that he
never had any interestin this property;
that said deed is cloud upon plaintiff
title; that the filing and recording Of the
same, and that the claim of the said Ro-
senthal hereunder of an interest i'll and to
said property adverse to these plaintiffs,
has injured them in the enjoyment and
sale OF said property; that the same has
created and is cloud upon their title.
The defendants, in their answer, after
putting in issue the title to this property
set up an affirmative defense in substance
that the property is and was the commu-
nifty property OF Elizabeth Burlzett and
Calvin Burkett her husband. That in
July 1890, William Billings, sheriff OF
ThursUon county, by virtue of an execu-
ton from the superior court of Pierce
county, upon a judgment therein, in favor
OF Swan u Smith, and against Calvin Bur
kett which had been assigned to the de-
Iehdand hosentnai} Sold sad properly al
pug PG99l4e auGtlon' ana @ tRe same was pa ln oy
sflu soseSSl ~ SEN fto anI a. ehaG adter
10 s"IG3 anu 9lSgi IH7i1i He ine pIeScrlpeu py
law, me , sald an william Bllilngs as sheriff I,
gaeGuVeu a5 7a9 w te t uele4ualC bosenthal tht
q4f tie,l aitHge' 70 Ge elonq upon the PLAIN
~ LUZ nay the aepb Ior Wnlch sale
tuS ili9lls was seoIlIeu IN Iayor OF swan
id 9lili'n, ~ Mas 4Re lL c4tnualGy ueot ot the
say saiq G9lVlH bITketG T ana EllzaDeth Bur
hGCU' MS VIE 4ne PladnGlHs, IN tnelr re-