The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-07-12
FRYE WINS HIS SUIT.
u Gets Judgment Against Hill,
Collins and Sander.
ss.iyo ALLEGED IN A TRANSFER
-. About FIeming-Ayerst MIL Fire
steele says He Can't Fay Up
The Van yalkenburE Case.

-. trial of the case of George r. Frye
.rx against Homer n. Hill. John Col
-. Fred E. Sander and others, TO recover
uzg for rent due on premises owned by
srxe on Yesler avenue, between South
aid and South Fourth streets, was con-
$3.50 Yesterday before Judge Langley,
~so gave Judgment for Frye for the full
.rauns. including taxes. against Hill and
Z. xise. Collins and Sander. The mort
s.ve. Of Mrs. Waterman, another OF the
s.leadants, was ordered foreciosed and
,se accounting between Collins, Hi and
a. Ts!egrapk Company referred 10 Charles
Patterson for an adjustment
The case has been on trial for four days
s,d attracted considerable attention on
de part Of the lawyers on account of the
nauy legal complications involved. The
eli title OF the case Is: George r. Frye and
"a against Homer 81. Hill and wife,
Ma 8. K Waterman, John Collins and
vile Fred L. Sander and wife, j. p.
Gssson, A..W. Piper, Mrs. A. Mckenzie
ssa the Pacific Hardware Company. The
eonplaint recites that July 26, 1889, the
saintiffs were the owners of the
vest half OF lots and 8, block is,
Nsynard's plat. That on that date the
psIntia executed to Hill lease of this
and aad pres1ises for ten years, from
October I, 1850, al a monthly rent OF $500
.or the first and second years. s225 month
Or the third year. $3.50 for the fourth year,
us for the 9th year and $500 for the bal
ace. default In payments to annui the
ratract: Hill 10 pay taxes and to erect on
he premises 60x00 foot two-story and
Basement brick building. Also providing
hat At the expiration Of the lease the
plaintiff should pay to the lessee the value
d the building, the value to be deter
mined BY arbitration.
Hill took possession October I, 1889, and
erected one-ssory building and basement
On March |. 1890, Hill and wife executed
70 Mrs g. X. Waterman an assignment OF
tbs lease and the premises with the con-
ssni OF the plaintiff, Mrs Waterman,
however, not entering into possession.
Dsesmber 7, 1892. Hill executed to John
collias and Fred K. Sander an assignment
Of TIE lease and premises, with all the
balldings thereon, with the consent of the
pslnnf. BY the terms of this assignment
Collins and Sander assumed and agreed TO
carr out the terms and conditions of the
original lease between the plaintiff and
Hill December Ia, 1892, J. Collins and
aader, In writing, accepted the original
lease. In pursuance of this assignment
tdlins and Sander took control of the
rsmises and buildings. and have collected
rnis since September 1. 1902.
The complaint further alleged that ]. p.
gleason claimed 10 be the owner of the
kasehold interest, and also claims the
possession and right to possession of the
eased premises; that A. w. Piper, Mrs.
Mckenzie and the Pacific Hardware Com.
pany are now occupants of the building on
he premises as tenants of Gleason; that
there is now due and owing from Hill,
Collins and Sander to the plaintiffs rent
for these premises IRON September 1. Is92,
TO the commencement of this action.
seventeen months, s4.325; that by their
islnre to pay this rent the defendants
have forfeited oil rights In the lease and
possession of the land and premises. and
Re defendants wrongfully withhold and
nase 70 deliver possession: thaA the taxes
iu is93, $3.50. Is. are unpaid and the de-
kadants refuse to pay them; that Mrs
Waterman claims interest as mort
ngse in the building erected by Hill. which
h subsequent claim to the plaintiffs
rights and claims.
Judgment was asked. first, that the lease
from the plaintiffs to Hill be declared ter
minated and forfeited; second. that all
interests Of the defendants In the lsnds
and premises be foreclosed and forfeited |:
-
against Hill, Collins and Sander for 81. 325
and sSs1l for taxes, and that the judg-
msnt be first lien on the buildings on
The premises, fourth. that the buildings be
sold and the proceeds applied to the iudg-
neat aud the plaintiffs have execution
against Ill., Collins and Sander; fifth,
that the plaintiffs be awarded possession
o. Tho lots buildings and premises.