The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-17
Is THE LOT UPLAND?
Important Suit Regarding
Water Front Property.
LEssEEs CLAIM AS ,MPRovERs.
Amos Brevs Trying 10 Recover water
Front From Caskesk 3 Niehsaas-
The Qssstisss % Lessee.

An important case Involving very vaIu-
aole riparian rights is on trial before Judge
Humes- IL Is the suit Of Amos Brown
against Carkeek d Nicholas and others TO
recover possession If the premises occu-
pied by them on West street and of the
wharf and warehouses on Railroad ave-
nee between Spring and Seneca streets
vest OF lot ). block {, A. A. Drnny's hrss
addition TO the city. The main question
10 whether this lot il upland or submerged
land.
According to the plaintiffs complaint,
IN 1857 Brown leased the lot 20 T.. r. Ferry
and John II. Mctiraw subject to rights-of-
way over the property heretofore granted
Tor railroad and other purposes. The lease
expired March last, and the defendants.
who we're sub-lessees. refused to surrender
possession Of tina. par. of the premises ly-
ing outside Of the lot lines. that Is. the
water front west Of the lot. At the time
o! the lease wharf had been constructed
upon the lot. extending westwards into
the bay. upon which had been erected
buildings aud warehouses. The latter
were burned in the fire Of 1850, but we're
Immediately afterward reconstructed.
The defendants. who mad been in posses
sion If the premises before the fire. con.
sirncted an extension of the wharf into
the bay. In March. 1859, Carkeek & Mich
o'as purchased the interest OF Ferry and
MoGraw in the lease: June was the date
Of the nre. In August 1859. the city laid
ont and constructed West street across the
premises claimed by Brown. the cssteriy
side Of the street being the west line Of the
lot.
The defendants deny that the premises
not included within the lot lines are any
part thereof or were included in the lease
or ars subject to tho terms OF the lease or
ever have been. They allege tina. lot S
is and always has been situate wholly
below the line of ordinary high tide and
that the title to The same has never been
parted with by the government; that the
lot never extended further west than the
east line Of West street and was at all
times piece OF land having fixed and
defined boundaries and limits and that
other tide and overlooked lands have at
all times lain between the lands forming
the lot and the nearest upland. Prior 10
the making Of tho lease, no wharf or
building whatever afIording the landing
upon or in anywiss connected with the lot
ever extended any further west than what
is now the west line of West street. West
street was laid out July 6. 1889. and at
that time tho whole Of the lands
west Of West street were unsurveyed, un-
appropriated and vacant public lands. At
that time the defendants entered upon and
into possession of the said vacant lands
and built upon them valuable wharves and
buildings. and they desire and intend, a.
they have the right to purchaae and nc.
quirc from the state the whole of said
lands and premises west of West street.
The wherves aud buildings are worth
5000. The lot Was never recovered or
pianked after the fire Of 1889 except about
twenty feet at the west end, where some
piles were driven and loose and unnailed
planks laid over them and the city replied
and replanked the whole Of the space i'm
mediate!y west Of the lot occupied by West
street.
A jury has been waived and the testi-
mony is being heard by the court. The
case will be continued today.