The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-12
ASYARL UNRAVELED.
Decision i'm the Involved John
son Mill Litigation.
IupCE LANGLEY As A MAILMAN
A Man knows His Lumber by the Rake
of HIS saw-Argument I'm Frank
lin Damage Case Begun.
JupoE LANGLEY AS A MAILMAN

The celebrated taurle o. claims os all
sin6s against the johnson mil property
- The North Seattle water front mas beer
serlae By Judge Langley from n mass %
sxfderee, both testsu1entsry and docu-
y,entsry. The Commercial National bank,
when had mortgage Of $4,000, viii get
Al Il sued for. and the chances are that
,ss Judgment creditors will get share
~ the money n0w IN the hands OF the
court.
IRIS taugie Ia miniature Denny hotel
rsxe and has as many sides as the law
allows II began way back IN 1858. when
lanes Duggan. who figured - prominent
~ In the Steele divorce case, sold 20 Thou-
"a Johnson four lots IN the Northern aadt-
Ton. two OF which were below ordinary
high tide Johnson mortgaged the same
lots back 20 Duggan 70 secure part OF the
rurchzse money. He constructed an ex-
.snsfve wharf FAR beyond the west line of
Duggan's description Of the property. and
huslt a large mill and further ulortgaEed
tae entire property 20 the Bank OF North
eeattle which was succeeded by the Com
,nercfai National bank, TO secure a loan
~ 20 90 and any further advances made
10 Johnson By the bank. In the spring of
$3.50 the city opened Water street, which
runs across the submerged lot. and gave
Johnson a warrant for s., 100 for the right
of-way over hts wharf. johnson turned
.nIg over 10 the bank in part payment of
his liabilities In 1859 the Seattle & Mon
tara Railway Company condemned n strip
N lard near the west end Of the wharf
and 90 feet beyond any plated lines for
rsght-of-way. This Is what is known as
Railroad avenue. Johnson's damages were
assessed az s. 300 Shortly after this the
NIL caught fire. and was burned. The
A 30 was paid into court 10 be distributed
In the meantime Duggan forecIosed his
mortgage and bought in the entire proper
~, AZ he claims. taking deed from the
sher.n.
The proceedings In Jsdge Lasgley's
court we're to foreelose the bank mort
ssKez. state an account OF advances made
b. the bank 90 Johnson and TO determine
the prlorities Of claims on the condemna-
don fund and the money paid by the city
on the Water street award and decree ac-
eordingiy. Still another Issue arose from
.he intervening claims OF judgment eredi-
Tors who claimed priority. and that the
entire property was personal property.
whlle the court held that as a PROPOSE
ton of law all OF Johnson's improve
ments were personal property. yet as the
partIes in interest had treated Il through
out az real property, the court treated IL
"A such, and held that Duggan took moth
Ing by his purchase except the land above
high tide embraced in the mortgage. and
had no interest III lns awards Tor eitner
Water street or Railroad avenue. The
court also held that. Johnson being in
possession and absolute control OF the
warrant for the Water street award when
he turned Il over. vested title in the bank,
and that, the banks mortgages being SEN
for 10 the claims OF the judgment credi-
tors. II would be entitled TO priority In
the distribution OF the Railroad avenue
award. The court decreed upon the whole
case that the banks mortgages he fore
closed that the land in Kittitas county
embraced In the mortgage he first sold,
and the proceeds applied TO the mortgage
debt, and that an accounting be had by
the bank for personal property disposed
of hy il as further security for advances
10 Johnson; that any surplus be applied
10 the reduction of the mortgage debt,
and that the balance be paid to the bank
from the fund in court. If any sum still
remains In court after such payments.
with such costs. It must be distributed
pro rata among the judgment creditors
10 order Of priority.