The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-21
THE HEIFNERs ANSWER II. F. DAY
Counter Charges OF Serious Character
Regarding His Fremont Property

The sensational suit Of Il. +. Day and
wife against Mr.. and Mrs. G. q. He!fner
was answered yesterday afternoon by the
defendants IN a manner that brings back
tho old saying that there are always TWO
sides 70 every story. The Heifners not
only claim that the property mentioned
In Days suit belongs 60 them by virtue
Of deeds OF gift. but that Day surrepti-
tiouslv took from a box in the Safe De
noslt vaults a trust deed made by him ~
Mr. Hesfncr in connection with an agree
ment with Edwin Day.
Mr. and Mrs Heifner deny that Mr. AMI
Mrs Day are the owners I'm fee simple OF
lot and nj except the south % feet OF
lots : and 6. block 3. OF r. +. Days Edo
raao addition 70 Seattle, bat claim That
Day FOR himself and as attorney for his
WIFE decided &c 20 them and that Il became
theirs absolutely. They admit that in Oc-
toSer. 1892 they Ohe He!fners) executed a
deed for the property 20 b. +. Day but tina
reason was to enable Day to show the deed
- Mrs. Day and thus quiet her apprehen-
slons as - his conduct. The deed. how
ever. vas 20 be returned 20 Mr. and Mrs
Heifner upon demand and IN fact vas re-
turned The Helfners state explicitly that
the deed was never given % Day or re-
ceived by him with the intention or pass
ing title. II Is not denied by the defend
ants that Day on June % 1895, executed
- TTelfner a special warranty deed Tor
lot 4 and All except the south - feet ~
LOIS and s. block s =. r. Day Eldorado
addition. but they deny that the deed was
delivered until some time IN December.
'<ae As - attemnling 70 sell or encumber
he urnpertv. A specific denial IS entered.
bur the defendants say 70 Is true they not
fed the tenant to pay no more rent 20 X
+ Day.
on December -. 1S1s. Mr. and Mrs Day
were the owners of lot 4 and all except tAe
Il "a
= DAYS EGora1a addition hut had prom
isea 20 give IL - the He.fncrs. June ~.
rSas deed was made out. bur IN 10 De
cen1her ~. lS9S had not been delivered A.
the latter date Day was the owner or the
northeast quarter section "a. township 80
north. range s east in Whato2n county.
pav had decided this property Z Edwin
nav 81 She~sndaah. Ia. previously 20 De
-araher ~. ISs7 but had not delivered me
daea on the date fust mentioned BY con
tract with Edwin nav. r. :. baF agrees
u nav a note FOR s.eoo In connection WIN
this agreement Tay made trust deed az
fhe Nhatcon property 20 Heifner and Al
~ .f,,,o n, delivery also delivered the
7ees for lot 1 and an except the south nv
feet 81 lots ami E hiNck < The ltfitn rs
Nsiur DESTROYS thai tho contract between
y = DRvana Edwin p8v should p wa1S.
waived their rights - botn pieces q p af-
erfv ia the EI4orado ADDITION
nay had A box m the safe l'Hn0s
n,,,ls.nw ana. the answer SAYS Induced
4sssf7N- 2, nut hts deeds. papers and other
,-elpehleS therein. Among TIE Papers Vas
~ ssas 10 the Whstc5m property J. IS
-tss-,,e4 w the He:fneTs that 3 T. i'tF
.',--sr,ffti5uslv took possession q ta-s deed
ara hss refused TO deliver IT, After th.s,
:, = Claimed. nav decided the Watson
r'~e9ertv 20 hss wife for the purpose ol de-
f~aiidsrg the Hc.fners and EdT.n IsT
TIE etfners say they are ready - deed
y T. nay the E'lortao pr'iel.S -
- 4,es as ~ should IN respect - the
Whatcom property