The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-10
MI, TRACT CONTEST.
IS Alger Awarded Title to
Rainier Addition.
~rcr ON BUYERS OF LOTS.
wetmore Makes Serious
fhsrges-Heir Accuses His Guar
dian Of Misconduct.
<<rrcT ON BUYERS OF LOTS

,.sxs Langley In the superior court
.ess-ssav rendered judgment In the
ss.r.fYs favor In the case OF henry >.
80 against Alice Hili as exesatrtx OF
- Of W, c. Hill, involving the
- pul tract. including .hirty-five
!, lsrd and covering the entire Raj
ssas,toa. which lies near Jackson
- - AMI also lot adjoining the aCdi-
:. the south and known according
80 government survey as lot No. 10.
s.ss.r ID township - north, of range 4
- r4,s lot contains about seventeen
- .na-saR acres and has not been
rs..ss TIE case Is one Of the most I'm
---snt IA the history OF the courts OF
~ s.ats and involves litigation extend
= axsr period OF seven years Three
s.ss Vas Il tried in the superior court
- twice n the supreme court.
- land was originally patented by the
s..ssss States to W c. H!Il and J. Vance
t.~ss ynaer location of Porterfieid
- Early Ia the seventies Fred a.
s<.snsck. who was then the marshal of
-. el,y. fled presumption claim On the
.-<rss and settled upon the same. and
-, die proof of settlement and qualifI-
..:svs suiiclent 10 satisfy the require
.mt Of the presumption law received
t41<sr
.xrz,s Il was afterwsrd ascertained
-, me sracta In question were included
ss.ss the corporate limits OF Seattle,
- sstrsfore not authorized by law to be
,.4@ustsd. and accordingly the commits
-. Il the general land Office Cancelled
- mated the entry after hearing had
- VI among the various parties who
f:.sx<i tile to the land. In the mean
sane md before the cancellation, the
s.xtstz Henry S. Alger, bought I'm good
r. 1e land In question from Minnick
- rselved a deed therefor. which was
r.sarssd. An appeal was taken from the
csx,sn of the commissioner OF the gen
fzI Isad Office to the secretary of the In
bsHr and that officer affirmed the de-
essa OF the commissioner of the general
hal once Before the secretary OF the
,.tsrior, however, made his decision. con-
rexs passed an act validating ana con-
fring all entries made within the cor
pirate limits OF cities, where IL was after
ssrd ascertslned that they were 30 gitu-
s'ed and where no part Of the land in
eaestlon was occupied for municipal pur
yeses nor settled upon by any person ex-
fept the pre- emption claimant.
After the decision of the secretary OF
The interior. w. c. I'm and J. Vance
way with the land department. ascer-
iained the situation OF this tract and
purchased the same with Porterfleld scrip
and received a patent therefor. On April
=, 1888. Henry s. Aiger. the grantee Of
brought suit in the old terri
'orial district court claiming that the net
Of congress had confirmed the title To the
land 10 Minnick and his grantees. and
that he was the equitable owner of the
same. and that the defendants were the
trustees holding the legal title Of the land
b trust for MlnBick and his grantees.
The case was first tried before Judge
and the plaintiff was nom
suited, and on an appeal 10 the supreme
court Of this state the judgment was re-
yersed and remanded for new trial. A
second trial was had afterwaed before
sbs same judge In the superior court.
With the same result, and again the SUI
Feme court reversed the Judgment, hold
Ms IN substance that upon the facts
sated In the complaint and upon the evil
3aee adduced by the plaintiff. the
pAntin had good title 20 the land. the
sre having been confirmed by the set of
rsress aforesaid, and again remandsd
fAesase for third trial.
h. .iai was had . few days ago and
nsalled IN a judgment and decree IN
hgor OF Mr. A'ger. adiudging him to be
De true and lawful owner Of the land de-
sfioed In the con plaint and appointing
III. Keene. an attorney OF the court, with
authority 10 execute a conveyance cf the
premises to Mr.. Aiger. Mr.. Keene yester-
day afternoon. after the rendition OF the
dseree, executed the deed and delivered
ne same 20 the successful plaintiff after
prolonged litigation for seven years.
. Rainier addition. n part of the land adj
laaged 20 be the property OF Mr.. Algcr,
has been long since plated by persons
Who bought from Mr.. Hiil and divided
ais lots and blocks and streets. and "A
graf many persons. relying upon the suf-
hetency OF the Hill title. erected valuable
Improvements thereon and are now occu-
fy!ng the same. IL is claimed by the
plaintiff that all these parties at the time
o. the purchase had full notice Of the
claim Of Mr. Alger. who at the time of
The commencement OF tho suit filed a
netice Of lis pendens I'm the auditors office
sitting forth his claim Of title 10 the
PREMISES IL is not yet known whether
ne defendants intend 10 appeal the cause.
strive Allen, Hughes & McMicken were
he attorneys for Mr.. Alger. and Stratton,
Lewis & Gilman and g. A. q. Rochester
appeared as attorneys for the defendants.