Balfour v. Hopkins
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States -for the Northern Division of the District of Washington. In October, 1892, Charles Hopkins owned lot 7 in block I) of A. A. Denny’s addition to Seattle. The government meander line ran nearly north and south through the block. Lot 7 was upland, abutting on the shore.
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Appeal from the Circuit Court of the United States -for the Northern Division of the District of Washington. In October, 1892, Charles Hopkins owned lot 7 in block I) of A. A. Denny’s addition to Seattle. The government meander line ran nearly north and south through the block. Lot 7 was upland, abutting on the shore. Lot 8, and the lots to the westward thereof, which were not platted, but which wore called lots 9 and 10, were on submerged or tide lands, outside of the meander lines. The owner of lot 7 had, through an act of the legislature'of the state of Washington passed in March, 1890,…
1Opinion of the CourtGilbert, Circuit Judge
The deed which was placed in escrow with the cashier of the Commercial Bank was delivered to the attorney of the appellants in violation of the conditions stipulated in the agreement of the parties. The cashier had in his possession a writing referring expressly to the mortgage, the bond, and the preliminary agreement between Hopkins and Parkinson. The preliminary agreement was not deposited with him, but the mortgage, which was placed in his- possession, was sufficient to advise him of the condition upon which he was to deliver the deed. The escrow card, it is true, did not clearly define…
2Cases cited9 opinions
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