The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-24
AN INTERESTING SUIT.
Title TO sixty Acres In Tacoma In Litf-
gation.

Title TO sixty Acres In Tacoma In Litf-
cation.
The case of +. V. Mcdonald vs.. John
Donaldson ct al, which is now in progress
before Judge Hanford in the United States
circuit court, has a very interesting his
tory. II involves the title of sixty-acre
tract Of land which lies within the city
limits of Tacoma. In addition TO Donald
son, the defendants are: John Hunting
ton. III. c. Clement, Anna Van Ogle, c. A.
Cove, Samuel Golfer, W. II. Fife. II. c.
Bostwiek and eighteen others. Each one
OF these parties claims some conflicting
interest IN the land. and the title is In an
almost hopeless tansle.
In ISL the Workiugman's Joint Stock
Association, of Portland, Or, was the
owner IN fee Of the southwest quarter OF
the northwest quarter and the west half
of the southeast quarter Of the northwest
quarter of section S, township 20 north,
in range east meridian, containg sixty
acres. which was purchased by the associ-
alton from Clinton P. Ferry and L. c.
Fuller. The association was composed of
George P. Riley, John Donaldson, John
Huntington. George Luving, Charles
Howard, Anna Rodney, James Fl. Givens,
Phillip Francis. Charles Gilbert, George
Washington, George Thomas, William
Brown, Mary Il Carr and Edward s.
Simons. A portion of these parties about
February 10. Is7l, executed q pretended
power Of attorney 70 one Matthews to en-
able him 70 sell and convey these prem
ises. Matthews did not sell, but some
years later made partition deeds to all the
named parties except Anna Rodney's
one-fifteenth OF the sixty acres, which he
conveyed 20 Charles Howard. Anna Rod
ney and several others never signed the
power Of attorney, and were not in this
part OF the country when 1t was made,
but Charlie. Howard signed her name and
his own By his mark.
Prior to the making of said deeds of
partition by Mathews, one of the parties to
said power OF attorney, James Owens.
died, but this did not prevent Mathews
from conveying his (Given's) interest nor
prevent him from conveying or pretend
ing TO convey ANNA Rodney's interest to
Charles Howard by metes and bounds.
Some Of these parties accepted these deeds
and conveyed away their interest the
same way, and in some instances subdi-
yiding the tract several times, so that there
are some twenty-eight or thirty claimants
70 the tract NJ this time. Those represent
ing the complainant and defendant, Dom
aldson, and most of the other original
claimants hold the power OF attorney void
and all acts of Mathews under 1t also void,
and that in any event the subsequent deed
could only convey the grantor's interest in
the tract conveyed Q-I5) and not his in
terest IN the whole tract, and have asked
for decree of partition if it can be done
TO advantage; otherwise sale of the en-
tire property and q division of the pro-
ceeds to the owners, as their interest may
be found by the court.
Complainant Mcdonald is the owner of
the James II. Given interest; Samuel
Coulter claims the Anna Rodney and the
Gilbert interest; G. A. Cove claims to be
the owner of the Phillip Francis interest;
III. c. Clement claims to own four other of
the interests; Mrs. Van Ogle claims the
Anna Rodney interest by deed from
Charles Howard. who had it decided to him
and now claims it as his own. w. H. Fife
claims one or more of the other original
interests.
The whole case was heard by Judge Han
ford on Saturday and arguments were
made by Dell Stewart. of Portland. for
Anna Van Ogle; w. S. Beebe, of Port
land. for Mcdonald: Fogg Il hurry, of
Tacoma, for H. G. Clement; Judge STALL
cup. of Tacoma, for George Washington;
Judge J. +. Watson, of Portland. for Sam
uel Coulter; W. S. Newbury, of Portland,
for c. A. Cove and John Donaldson.
Judge Galusha Parsons, of Tacoma, will
make the closing argument in the case for
". ii. Fife and several other claimants to-
day