The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-06
0llln|NlRY LAM CASE
...n INCOMES IN TURN TEN.
.vr Or HIS OWN TENANT.
49,. can plfeatfon Arising From
AZ FsreibIe E.try and Dessiner
- q rails state-Wses Of John
fnnxstsn as6 EDhriam q Rail-

. ,.aayord made tenant OF his own ten
II which tenant has been ous'ed rom
=. uroperty leased. is the peculiar result
!. !. curious complication arising from me
scr~ssse entry and detainer act OF this
etate.
n 1une. lsss, Immediately after the great
Ore. EparIam 4 Hail leased OF John
r1nersoB and wife lot on the east SIDE.
,..r vain street, Of what Is now Second
sysavs south, for a term Of twenty years.
The d, a. plated was ssxlD feet. Before
leasing the lot 30 Ephriam & Hall. Langs-
tar fo.red In petition TO the city 10
~adsr, the street. The city council passed
an ordinance seven days after the lease
wAs signed widening tbs street, thus
,afirx Twelve feet Off the front Of the
lot
Erhriam e Hall took possession OF the
ioe and commenced the erection Of build
tax az the full dimensions of the lot. but
were e;opped By the city. They submitted
70 the demands Of the city and constructed
! building Of one story and basement,
cas.ing between $1,000 and $1,000, but
much smaller than originally cortempiat-
a. They were not allowed any damages
by che city for widening the street. because
IAngaon had signed the petition.
II OCTOBER. iSss. the Lanzstons. becom-
.px involved. assigned the lease 10 r.
ri Palmer. together with the rents. issues
and profits. far an indebtedness. and gave
aosicA 10 Ephfiam e. Hall to pay all
future rents to Palmer. which they con-
.,EHsd TO do up 90 February or March.
- Since that time they have paid no
rent.
In October, 1856, Palmer reassigned the
lsase to the Langstons, but gave no notice
70 EpAr.Am & Hall OF doing SO.
The LAngstons served notice on Ephraim
Hail last February TO quit or pay rent,
Gaining back rent In the sum Of 81 $50.
They refused to comply and the LanEsions
commenced sui. for unlawful detainer. un-
Or the fsrcible entry and detainer act
u this state. They claimed double rent
= damages. which amounted to 8, 500. and
day from February I.
February II the Langstons gave a bond
SD procured a writ of restitution and
sasfsd Ephraim & Hail. Since that time
sher have been collecting the rents.
Tbs case was concluded yesterday noon
hfore Judge Benson.
bmith q Cole. attorneys for the Lang
nsttsTs sAsSffa lag Sb}ih W altctIuEA tUt
Jury % bring IN verde, for the plaintiff.
This motion was refused. and the defend
anis counsel. v. H. Faben and A. c. EN-
mona OF Portland. moved the court for
The a&no Instructions.
The point made by Mr.. Faben was that
the foresbls entry ana dsta!ner act in a
harsh remedy and was only Intended for
the conventional landlord and not of his
assignee. and that as the evidence showed
NJ. Palmer was the last landlord Of which
tho defendants had any knowledge or had
paid any rent 10. that Palmer should have
been the plaintim Instead of Langston.
The court granted the defendants mo-
ton and ordered the Jury 10 bring In A
verdict for The defendants. The jury did
az instructed.
fhefe arc some peculiar phases of the
farsnls entry and detainer act which have
afyef before been brought out I'm the local
court The Langssons have oaated the
asfenoAnss. and consequently can collect
10 vnt from the date OF ousting, and Mr..
fsmef cannot sue. because he testified
that he transferred the lease back 10 the
LAsxsions. As the parties are Left now
TIE landlord Is tenant OF his own tenant
AID said TO be liable for rent for the re.
ma.sder Of the twenty years lease