The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-01

Judge Hanrord. OF The Federal court rea-
dered decision yesterday morning in the
famous case OF Robert Balfour, Rober;
Brodie Forman and Alexander Guthrie,
importers. against John Parkinson. for
merry a weil-known architect. and Charles
Hopkins. one o. Seatrles pioneers, TO fore
close Il mortgage on the Seattle Athletic
Club building and all the property extend
Ing west 10 deep water.
The decision confirms the claim Of the
eomplAinanfs 10 a frs, lien on the Seattle
Athletic Club property and the adjoining
lot. No. s. but grants Hopkins first lien
on all the other property included.
1t was suit la equity before Judge Han
ford. brought by Balfour. Guthrie & Co.,
importers. agairs. John Parkinson
and wife and Charles Hopkins.
one OF Seattle's pioneer residents.
10 foreclose a mortgage on lots :. s
= and ~, in Deanys addition. being the
lot on which the Seattle Athletic Club
building is located and lots extending west
to deep water. This property is practical
~ in The heart of the city and is worth sew
eral hundred thousand dollars. as things
are going at present.
Five or SIX years ago Hopkins owned the
property on which the ;. A. &. building il
located and the other lots enumerated At
that tinle john Parkinson was a prominent
architect ia Seattle. Parkinson desired TO
purchase and improve this property He
made contract with Hopkins for the
property. by which he Pafkinsonp was TO
put brick building. 10 cost not less than
$4,000 on lot :, fronting on First avenue.
and to give Hopkins back a mortgage for
$751; 02. Il. This mortgage was 10 be a frs,
mortgage on all the property. except lots !
and ). Parkinson was To have the privilege
OF mcrtgaging lots and in order to raise
money To build brick block on lot T. This
block is now known as the S. A. c. build
ing
Hopkins mortgage was not only TO be a
first mortgage on all lots except and s
but was 10 be second mortgage on lots Z
and ). Hopkins accordingly made a deed
OF the property To Parkinson and parkin-
son gave a mortgage back to Hopkins.
Both instruments with n bond that Park
lnson would put up the brick building az
agreed. We're put in escrow in the National
Bank of Commerce.
A month later Parkinson. having made
arrangements TO borrow $4,000 from Bal
four. Guthrie & Co. had a mortgage pre-
pared covering all the property and ig
noring Hopkins mortgage. Hopkins.
deed was taken out of escrow without
his knowledge and recorded. The mort
gage TO Balfour. Guthrie & Co. was re-
corded at the same time.
The first notice Hopkins had of this
was several days later. when he saw an
item in a newspaper concerning the deed
and mortgage. As soon as Hopkins
found out what had been done he pro-
tested. and notified Balfour, Guthrie &
Co. that his mortgage was entitled 10 be
a first lien on all the property. except lots
iff1,s If nafi frpr
Hopkins, Balfour Guthrie L Co. had put
up only $.0,000 of the $5o0o and II was
IN the National Bank of Commerce with
in their reach But they paid no atten-
ton to Hopkins claim. and Insisted that
they should claim first lien on the prop
erty. and continued TO advance money to
Parkinson until the entire s6oooo had been
paid In.
The case came into court through the
effort of Balfour. Guthrie & Co. to fore
close their mortgage. Parkinson and
Hopkins We're named as defendants. At
iorney Harold Preston appeared for the
complainants and Judge Thomas Burke
for Defendant Hopkins. The case has
been contested point by point and is al
ready well known. especially among the
legal fraternity and business men. The
fact that Ii involved such large property
interests also tended 10 make II a ia
nous cause.
Yesterday morning Judge Hanford
handed down his opinion, in which he
held that the mortgage OF Balfour. Guth-
RE * co. was a first lien on lots and g.
and a second mortgage or the remainder
Of the property. He held further that
Hopkins mortgage was entitled 10 the
place OF "A first lien on all the property
except lots : and 5, and a second lien on
lots and s.
The decision seems 10 carry out the
spirit Of the original agreement and 10 be
equitable TO both parties. II gives Bal
four. Guthrie & Co. first lien on lot
:. on which the Seattle Athletic Club
building stands. and also on lot s. and
makes Hopkins mortgage first lien on
an che remainder OF the property