, 1892-01-12

A Decision in the Famous Sum-
ner Tract.
Register mills Decides that whit
tiesey q Hooker, are Legal
CIaimants-An Interesting Bit
of History lin the Case.

4 A~CE - SSA lNh hhhw hpcOAuGh tAhhb w hAAhA
tlesey Il Hooker, are Legal
Claimants Interesting Bit
4 Of History lin the Case.
Register George g. Mills, of the Olym-
pia land office, has just completed a
lengthy opinion in an interesting land con-
test Of 800 acres near Sumner. The land
has been iii litigation for many years, and
in its history is chronicled the death of one
man and a prolonged seige in the courts.
In 1853 Michael Connell filed on 800
acres ofland in the Puyallup valley as
donation claim. and resided upon it until
1855, when he was killed in the heat of the
Indian war before having proved up. The
donation act provides that in case donee
dies before proof is made
HIS RIGHTS DESCEND TO HIS HEIRS
only, and il they do not appear within a
reasonable length Of time to perfect their
claim, the land again becomes vacant pub
lie land. After Connell's death the pro-
bate court Of Pierce county appointed an
administrator, who sold the land, and sew
eral transfers followed, until it finally
passed to William White, who paid only a
| portion Of the purchase price and gave q
mortgage for the balance. After some
| years, Whites note for the balance not
having been paid, the note and mortgage
were transferred to Archibald Mcmillan,
and in 1885 Mr.. Mcmillan began foreclos-
ure proceedings in the Pierce county COURT
The court ordered the sale Of the property
to satisfy the mortgage and Mcmillan
bought it in. When he went to take pos
session, however, an alteration arose be-
tween White and himself, during which
Mcmillan was killed.
White was sentenced to imprisonment
for ten years for
MURDER IN THE SECOND DECREE,
and the property shortly afterwards
passsd to John A. Stone who is in possess
sion at the present time, and who has
placed many Improvements on the land to
the value Of about $4,000.
All purchasers Of the land after the
death Of Connell and up to 1884, thought
the title of the property was good, but at
that time Charles b. Whittlesey, of Seat
tie and w. B. Hooker, Of Tacoma, the lat
ter then q law partner OF James M. Ash
ton, and now member of congress from
western New York, discovered that the
title to the property was invalid and they
applied for homestead entries on the tract,
the applications having been filed with the
old land office, then located in Olympia.
Immediately thereafter, White with
6Jone, applleu Tor the land. White
applied under the homestead law for
portion Of the tract, and for the balance
under the law Of June s. 1880. Stone APP
piled for the land on donation certificate
and patent and the case has since been
pending before the various departments OF
the land bureau.
Secretary Noble finally ordered hearing
TO DETERMINE THE RIGHTS
Of the various parties in contest. The To-
cal office decides in favor Of Whittlesey Il
Hooker, they being the first applicants for
the land after the death of Connell. 1t is
decided, in the opinion, that the claim of
Stone g White were only possessory rights.
and extended only TO such time as the first
legal applicant, after the death Of the
donee, had secured title from the govern
ment.
Since the commencement of the litiga-
tion, many prominent land attorneys have
been identified with the case among whom
are John Y. Ostrander, w. Fl. White, and
John Arthur, of Seattle, James M. Ash-
ton, Lee q Jordan, Elwood Evans and
Frank Clarke, Of Tacoma and John r.
Convey, w. T. Cavanaugh and Phil Skill
man, of Olympia. James M. Ashton is
now Stones attorney in the case. Stone
has 112 acres in hops, and the remaining
| 208 acres are all fenced