The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-11
HILL TRACT IN COURT.
old Claimant Wants Property
Restored to Him.
JAMES m'cANN WAVES HEARING
IL 10 Bound Over I'm 81 .ooo-Pugt Ar
Uu.nent Today-snIt Against
City or ballard.

- .ss FEDERAL court yesterday Patrick
,-.tssr susan McInty-s. Ellen Mesor-
= y ] McSorley. J. r. McSoriey, Mary
: 'r.0lzv ar1 Catherine J. Barn brought
-. axasnss william II. Lewis. as admin
sssyafoY o. the estate % ". G. Hill. de-
sasea and Alice 3. Hill. lis widow. for
...,,sussor OF the famous Hiil tract on
yssls~ avenue, thus renewing litigation
.aseh was carried on for a number OF
x.srx ans was thought 20 have been final
" decided
w.alser. brother OF the plaintiff. Patrick
ueAleer entered upon and took posses
- az lots g. ~. 10 and IL. In section 4
s~a kyts g. z, s and 2. in section 5. town
$50 "a north, range east. I'm King coun-
~ Containing Is2 4G-l11 acres. with the in
ssn,ion Of obtaining title 70 the same un-
Ar the laws OF the United States. On
0.r.ober d. 1853, d. s. Maynard fled with
.ss surveyor general Of oregon his noti-
eestIon Of certain lands, the eastern half
~ which embraces the land In dispute.
,Yndsr the act Of congress known as the
ssffrsxsn Donation Law. and his no.
,sanatson was allowed and fled MAYNARD
sntered into possession OF the claim April
rssa and remained in possession for
four years, until December 70. 1867, and
within that time Maynard made final proof
AZ ne Oi$mPla AtH4 OlDIts aE44 the mai
rroof was allowed.
DECEMBER %, 1867. Maynard and his wife.
1, il claimed. decided to Hugh McAieer
sha premises described. and McAleer
shereupon entered into possession OF the
property. He added 10 his improvements
by enclosing a large part OF the premises
with wire fence, by clearing fifty acres,
ard BIZ erecting a house and making
other improvements 20 the value OF s12-
II -g.t.w IL.
he remained on the premises and made il
his home.
prior 70 January /, 1850, Hugh McAleer
made his final proof 10 the commissioner
Of the general land office. but the COM
missioner refused 10 issue a patent and
rejected the claim OF the Maynards the
donation claimants. 10 that portion OF the
claim IN dispute. and ordered that por-
ton OF the entry Cancelled. McAieer then
rendered his deelaratory statement for
the lots, but Il was refused by the regis
ter and receiver OF the local Office be-
cause the lots were within the corporate
limits OF Seattle. He then appealed TO
the commissioner. who affirmed the de-
.c.sion OF the local office. From the COM
fn.sslcner's decision he appealed 10 the
secretary OF the interior. who affirmed
TIE commissioners decision.
on MAY y. 1875, the complaint says, the
70 enter the lots, and on September 1s,
isn the commissioner disallowed the
el;y's claim. The city then appealed. but
the appeal was withdrawn. Then Nc
Aleer rendered his homestead application.
which was disallowed. He then presented
his final proof TO the local land office. ac-
companled by the proper fee His final
sproof was accepted by the local office
and the general office. but they refused
10 sceep; the fee and 10 issue a patent
On January s. 1880. according to the COM
plant. j. V. Lewis and ". c. Hill made
an application To enter upon the land by
Aflng Porterfleid land warrants. and pat
ents we're issued 10 them on January ..
IT, The complaint says this was a mis-
take and contrary 10 law. Hugh McAleer
lived upon the property till February q.
1855 when he died intestate. without Issue
and without parting with HIS rights.
The plaintiffs claim that the title 20 the
land In equity belongs 10 them. and they
pFav for decree requiring that the de-
fsndasts hold the title in trust for and in
the Interest OF the plaintiffs. and that the
DEFENDANTS be required 10 execute deed
10 the plaintiffs for the property. and In
case they refuse, that a commissioner
be appointed by the court TO make the
conveyance.