The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-19
HILL TRACT DECIDED.
Close of a Long and Vexatious
Litigation.
HALF A MILLION INVOLVED.
The Bywaters Transfer Their Interests
to Snipes and Hill, Who Also Own
Widow HiII's Interest.

The most important transaction in q
year, affecting land within the city limits
was brought to a close yesterday by the
termination of the long-pending suit
between the Bywaters and the W. C. Hill
estate for possession of what is known as
the Hill tract. The deeds passed yester-
day with a consideration of 81, 900, the
money paid and stipulations signed for
abandonment of all legal proceedings.
The tract in question comprises eighty
acres beginning between Fifteenth and
Sixteenth streets, running 125 feet south
OF Yesler avenue to McClaire street and
thence along Jackson street. 1t is valued
at over S, 600 an acre, or about 500, 900 for
the whole.
Early in the ffties David s. Maynard.
who was born in Vermont, left his wife in
Ohio and started off with two children for
what was then part of Oregon but is now
Washington. In 1852 he settled on $40
acres, of what became known as the May
nard donation claim. as a married man.
On December p, 1S52, the legislature of
Oregon by special act, dissolved his mar
rage with Lydia A. Maynard, and in 0c-
tober, 1853, he filed notice of claim reciting
that Lydia, his wife, had died on Deem
Der "A, 1852. On January Is. 1858, he mar
ried Catherine T. Brashears, proved up
IN 1863, and a certificate was issued
to David S. and Catherine I.
Maynard, the wife's half being the east
ern portion and the original townsite the
western half In 1871 the land Office held
the certificate to be erroneous as to the
eastern half, for the reason that Catherine
was not Maynard's wife at the time of set
Element, but that il belonged to the heirs
of Lydia Maynard. The same year Lydia
proved she was not dead by appearing in
person before the land Office in Olympia,
and the east half was awarded TO her, but
on appeal TO the secretary of the interior
it was decided that the special divorce act
in 1852 barred her out, and that neither
wife was entitled to possession.
The eastern half was then thrown open
to entry. The McSorleys and McAleers
got one portion. but the eighty acres in
controversy were settled upon by Charles
W. Bywater and his WIFE In 1879 By
water applied for presumption. The fol-
lowing year ]. Vance Lewis and w. C.
Hill made application to Tile Porter6eld
soripon the land, and the city also claimed
il under the townsite law. The contest
was carried to the commissioner of lands,
and he decided that Bywater had the prior
claim, and he at once made a filing. Lewis
and Hill were allowed to file on the other
portion. Bywater then made application
to transmute his pre-emption into home
stead, but Hill again contested. on the
ground that Bywater had exhausted his
powers by filing on land in Minnesota.
This contention was sustained, and
patent issued to Hill. Meantime Lydia
Maynard's case had been carried to the
supreme court and decided against her.
Hill began an action of ejectment, and
1t was decided by Judge LiChtenberg in
his favor. Junius Rochester obtained ex-
ecution, but John Wiley. for Bywater,
contested on the ground that his client
was entitled 10 jury, and asked that the
property be declared trust, as Mrs. By
water had not been made party, although
she had community interest. The pa
pers In this suit We're served on W. c. Hill
the day he died, and the suit has been
pending in the supreme court ever since
In the interval since then Ben Snipes
and W. Lair Hill bought out the interest
of W. c. Hills widow and sought to pur-
chase Bywater's, so as TO close the litiga-
ton, but Bywater had entered into con-
tract TO sell the land TO a man named
Harrison, in Pennsylvania, for $4,000 in
the event of termination of the
proceedings in Bywater's favor. 1t was
To endeavor TO effect a settlement with
Harrison and obtain quit claim deed
from him that John Wiley went East last
November. In this he has succeeded, and
together with John Arthur brought the
various parties to an agreement, which
was closed yesterday. and the matter
seems to be forever settled
1t will throw a fine tract of residence
property open to settlement and aid in de-
velopment OF part of the city which has
been retarded by the contest.