The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-04
IIH n 4 lEaM MAH.
Iri1s Story Of a Famous Fight
for Valuable Property.
rrLE TO THE SMITH sl ock:
<nnAren Of DR.. n. 4. smith TessssS
- q the Isiegastty ef the Sole Oh
ne yames street sna Second ave-
.ue Csrner-F1aasffas Seek
rwe-rnssas Isteress-A Question
Of the Age Of one ef the Lsssssnss.

Of the Are Of One of the Lsssgshs'
4 tale Of more than ordinary Interest -
hsddea behind the airy technical rseanihss
ia the famous eass Of Llnder ct al VI. Inc
pssl.ae,uh.a Mortgage and Trust COM
paay. Judge Moore. OF the superior court,
was engaged all day yesterday tn hearing
testimony introduced BY the seven plain
tbs IN the action. who are all children OF
Or. II. A. Smith, the well-known pioneer
settler. after whom Smith cove Is named
Tho issue between the parties iitlgaat is the
ownership al the Smith block. situated on
tie northeast corner Of Second avenue ana
James street.
During The hard times the property was
sold under foreclosure OF a mortgage TO
In defendant In the action. who was the
aorsgasee The amount Of the principal
ssss was ssoss and the property rs said
OA worth Approximately Siso.0o
7he plaintiffs seek to overthrow a safe OF
u property made in is0 10 DIR. Smith
through the probate court. claiming that
the sale was fraudulent. and that giaring
srrors we're made In the proceedings which
Id up to the sale. The court Is asked to
quiet title to the property and to declare
that the plaintiffs have two-thirds In
ter1D6 Ia Il.
story Of Legal lntrieaeies.
To begin the story of the legal intricacies
that Involve the property In web-ilkc MESH
~. cne must iarn back the pages OF the
history OF the Pacific Northwest 10 the
year 1850. when DR.. Smith began his resi-
dance here, which has extended over pc
Rod u forty years. Dy. Smith was the gov
eminent physician on the TllaIip Indian
reservation. There were born the greater
number Of his children. and the baptismai
records kept By the Catholic priest Of the
reservation. contain the accounts OF the
baptism 81 the PHYSICIANS children. OF
the eight children that we're born to DR..
Smith and his wife. seven OF them are
plaintiffs IN the action and are seeking TO
have the court set aside sale of the waltz
a1ss realty on Second avenue and James
street. No charge whatever IL made which
IN tbs ssghtes; way or by inference can be
made 10 reflect upon the integrity of the
venerable pioneer. The proceedings In the
probato court were conducted, IL Is claim
cd. hy II. II. j. pannefather. formerly a
resident OF Seattle. but whose departure
fren this city was under peculiar circuus-
stssees
The second avenue property. consisting
OF Sixty fest on the avenue and iao feet
en- jsines street, was acquired In an early
day oy DIR. srnith. On the death OF his
VIE. ten years ago. the property was left
~ thS manner. Two-thirds was bequeathed
~ The children and one-third to the bus
bard.
IL was tn fSs9 that Dr. Smith, being iniiu-
eacsd u IL alleged bs pennefather. sought
10 nave tho property sold through the pro-
bale court and the title vested In himself
50 as 10 enable him 10 mortgage Ii and to
build brick structure thereon eommensu-
Fate with the growing Importance OF Seat
uss then ~ the threshold OF an era OF great
geohth and prosperity PenHefather. who
vas al attorney. conducted the proceed
taxs. 80 * Is alleged. and Or. Smith relied
UPON him 10 see that the legal requirements
we're strictly observed. Finally a decree
sas obtained and the property was sold to
IF. Smith for 80, co. which IL was supposed
At the time ha pafi into court, two-thirds
ef watch was 10 he divided among the
seven children. heirs OF Mrs. Smith.
The Aged Pioneer Testtmes.
According - the evidence given by DR..
SAITH Yesterday. the sale was not the
ooaA AIDE transaction it appeared upon
j ~ face. The aged pioneer said that.
acting under the siirection OF rennefaiher.
spof; maem he implicitly relied. he bid
ne property In at the SAFE made under
Aas alfsetson Of the court. DR. Smith
ssote positively that the certified check
ler Saso which he deposited In court "a
a.
eessiaed from the Merchants National
eahS, With the distinct understanding that
VAS never 10 be presented. and that
" eAsaee II should fail into the hands
sasserfs. thea the doctor was 10 deed
Asasa u ais property 10 the bank 20
a@se Y Whole The inference was thar
s"sts was not Sufficient funds In the bank
% nlesi The check.
"a wasr to complete the transa elton.
-. shsssa, after deposlting the check.
s receipt 20 the clerk Of the cour,
~ H's eve Interest II the purchase price
40 ~so as guardian FOR the m.sor chill
49, feceiated fer the remaining two
. 800 % TIE saso, taking back the lden-
.isa' check. Thus the cheek was never
Fs.ses'sd 10 the bank.
I've Plaintiffs are relying npon another
- az interesting fact 10 support their
p ss teat the s-tie was irregular and
- ~ Ia eiaimed that at the time
wa,ese psasvviings In the probate court,
-. '"aeo ~ tne sale OF the property.
an smith, daughter % Tr, Smith
-. aiher and thar ma guardian had
.Ssa appointed 20 ca7e for her ,nterss.s
.e FeSords show that a guardian Was
ss Ter Ra!pA Smith, son of The
hat Il : alleged by the Plaintiffs
INC Daughter leagrluc was under ,ga
co. s"e ufne Of the sale. and thar ,hsre-
T~ ''g t""Fe Proceedings were illegal
- most interesting matter aN,n, ,hss