The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-01-08
TULL HEIRS WIN ONCE MORE.
United States Supreme Court Sustains
Our Supreme Court Decision.

WI SOpi MUTT OCCtSIOns
SPOKANE, Jan. S.-Another mark
in the complicated and long-pending
Tull-NendOme building cases was
passed when the supreme court of the
United States refused to interfere with
the opinion of the Washington statet
supreme court that Dora May Tull
Dormitzer Feeler and Ernest B. Tull
of Chicago, and William L. Tull of the
California penitentiary. are half own
ers of the Tull (now the Marion)
building on Riverside, and of the Ven
dome building and that they are entitl-
ed to many thousands in accumulated
rents.
The decision dlSpOSeS of but one of
three cases. The federal court decided
simply that no federal question is in
volved in the litigation and hence has
declined to interfere with the decision
of the state court.
Started Seven Years Ago.
This particular case was brought
about seven years ago. Dora, William
and Ernest were children of Mr. and
Mrs. F. M. Tull. The two older chill
rem, when they became of age. and En-
nest, by his guardian. claimed half of
the property as heirs of their mother
and brought suit against the recorded
owner. the German Savings & Loan
society, of San Francisco. This latter
company claimed ownership under
foreclosure of a mortgage executed by
Mr. Tull, the father. Nash & Nash
were attorneys for the two elder chill
dren and w. NJ. Murray appeared as
attorney for Ernest and as the latters
guardian.
Judge Richardson decided against
the children. An appeal was taken to
the state supreme court, which re-
versed the superior court and decided
for the children. Within the two al
lowed years the German Savings &
Loan society took the case into the
supreme court of the United States on
writ of error and the latter court
handed down its decision yesterday.
Second Case Started.
Subsequent to the state supreme
court decision, suit to recover the half
Of the property and the rents was
brought in the state courts and at once
removed to the federal court. +. W.
DeWart appeared as attorney anC
guardian of Ernest. and Nash &
nSh fny no nth N
Judge Hanford decided that the chill
dren We're entitled to property worth
sos. 900 and for $4,000 rents. He set
aside the Vendome building as the
share of Ernest and ordered the Ma
rion building sold and $4,000 of the
proceeds paid to each Of the other chill
1ren. This case was taken to the
United States circuit court of appeals
which dismissed the case on the
ground of lack of jurisdiction, hold
ing that the case had not been proper
~ brought into the federal courts.
Third Suit Pending.
year ago last April a new suit
was brought in the federal court Nash
& Nash. claiming a contract with Dora
Nav for one third OF her interest In
the estate and with w. l.. Tull for
one-half of his share, joined them
selves as plaintiffs with the three chill
dren, and brought a new partition sui
before Judge Hanford. In this case F.
w. Dewart appears as attorney fol
the three children against their former
attorneys. Nash & Nash, as we'll as
against the defendant This latter case
will probably come on for trial at the
spring term of the federal court here
Ernest one of the children, is with
his sister. Dora May who is married
md makes her home at Chicago. VIII
liam Tull is serving a term in the Cal
tfornia penitentiary for highway rob
oery. He was convicted of biting
diamond earring out of Il WOmans ear.
He is said to have served terms in the
Montana and California penitentiaries
Fdyth-GeOrge says he cant under
stand why / accepted him. Mayme-
George isn't like other people. TdytE
Why what do YOU mean? Mayme-
other people can't understand why he
proposed"
$3.50 $50 @%@ %