The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-03

been an ambitious and al-embracing mu-
nicipality The commissioner held Min
hicks entry for cancellation but at the
same time rejected the entry or the city
of Seattle under the townsite law for the
reason that there was no proof of occupa-
ton OF the tract for municipal purposes.
From this decision an appeal was taken
to the secretary of the interior.
While this appeal was pending congress
in 1877 passed an act providing that when
entries have been heretofore allowed upon
lands afterward ascertatned 10 nave been
embraced in the corporate limits or any
town, but which entries are or shall be
shown to the satisfaction of the commits
sioner OF the general land office to include
only vacant unoccupied lands of the
United States. not settled upon or used
for municipal purposes said en-
tries, IL regular in all respects. are hereby
confirmed and may be carried into pat
emit"
Two years later the secretary OF the In
terror decided the appeal affirming the de-
cision of the commissioner. The secretary
found from the testimony that during
most of Mlnnick's residence on the land
he was marshal of the city of Seattle,
voted in the city election of 1874. and en-
joyed all other privileges of Seattle citi-
zenship. Hence the secretary held he
must have known that his land was with
in the city limits and that his entry was
not confirmed by the act of 1877, the con-
clusion being that the lands were not in
the category of "afterward ascertained to
have been embraced in the corporate
limits Of any town" within the meaning
OF the act.
In 1880 Hill and Lewis, having knowl-
edge of the condition of the title TO Min
nicks claim, located the land with Porter
field scrip. The lands We're subject to this
location unless the entry of Minnick was
held to be valid. says the court. After
the location Lewis conveyed his interest
to Hin for $1,000
Donated to street Railway.
Seven years after Hin located the land
Seattle had grown into busting young
city. and street car lines were pro-
jected. One of these was the Yeser cable
road. Hill, in order to aid the promoters
of the scheme and to enhance the value OF
the Hill tract, through which the road
would run. donated to them the land aft
erward embraced within the Rainier addi-
ton. The cable road was built and the
land plated by the Seattle Land and I'm
provement Company. a corporation which
handled the land subsidies of the road.
Villas, the plaintiff in the suit Just decided,
is the owner OF lots 1 and g having pur-
chased them from the improvement COM
pany.
Even before the land was conveyed
nous suit against Hin and Lewis to com
pei a conveyance back to him of the land
he had been ousted from by the scrip loca-
ton. After seven years in court the suit
was decided in his favor. and he once
more became the recognized owner Of the
land. which In the meantime had been
plated, sold and built up with residences.
The superior court held that the act OF
congress of 1877 confirmed Minnick's title.
and that Agar was therefore the rightful
owner under his deed from Minnlck In
the equity suit just decided Villas and his
wife. the compliments, made Il their main
contention. that they We're The owners OF
equitable title, because they had
bought with an agreement from the i'm
provement company that Minnicks title
was not confirmed by the act of 1877. and
Agar knew OF that fact. They claimed
that Minnick had never taken steps to
perfect the title after the act was passed
and that Hil's scrip location was valid
Judge Bellinger on this point rules that
.. Miunlck was not required to make any
showing, and, having acquired title to the
land IN good faith. was entitled TO hold il
and give good lille TO Agar