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Opinions Thru Brown

March 29, 1887 Squire Right-of-Way Deed to the
Seattle Lake Shore and Eastern Railway

by John Rasmussen

Please read a disclaimer for the statements I make on this website accusing judges, politicians and activists of criminal actions.



Note from John Rasmussen:

         This webpage presents the March 29, 1887 Squire right-of-way deed to the Seattle Lake Shore and Eastern Railway (SLS&E). Use the following "jump menu" to go directly to the section indicated.


      * Transcription of the Material Elements of the Squire Deed.

        * Transcription of the Squire granting clause.

        * Transcription of the Squire secondary grant.

        * Transcription of the Squire habendum.

        * Transcription of the Squire Notary Public.

        * Statement that the deed was filed at the request of the SLS&E lawyers.

      * Photocopy of the Squire right-of-way deed.

      * Full transcription of the Squire Right-of-Way Deed.

      * In King County v. Squire (1990), the court determined who wrote the words of the Squire right-of-way deed.

      * Understand that the legal analysis of this deed was intentionally misrepresented in the Hilchkanum opinions.




Transcription of the Material Elements of the Squire Deed:

    Granting Clause: March 29, 1887 Squire right-of-way deed to the SLS&E

      "In Consideration of the benefits and advantages to accrue to us from the location, construction and operation of the Seattle Lake Shore and Eastern Railway, in the County of King, in Washington Territory, we do hereby donate, grant and convey unto said Seattle Lake Shore and Eastern Railway Company a right of way Fifty (50) feet in width through said lands in said County, described as follows, to-wit:"
      (Confirm this granting clause in the photocopy below.)

    Secondary Grant: March 29, 1887 Squire right-of-way deed to the SLS&E

      "And the said Seattle Lake Shore and Eastern Railway Company shall have the right to go upon the land adjacent to said line for a distance of two hundred (200) feet on each side thereof and cut down all trees dangerous to the operation of said road. Provided that all trees when cut down shall belong to said first party, the donors, W.C. Squire & wife."
      (Confirm this secondary grant in the photocopy below.)

    Habendum: March 29, 1887 Squire right-of-way deed to the SLS&E

      "To Have and to Hold the said premises, with the appurtenances, unto the said party of the second part, and to its successors and assigns forever or so long as said land is used as a right-of-way by said railway Company. Expressly reserving to said grantors their heirs and assigns all their riparian rights and water front rights on the shores of Lake Washington. And this grant is upon the condition that said railway shall be completed over said lands on or before January 1st, 1888."
      (Confirm this granting clause in the photocopy below.)

    Notary Public: March 29, 1887 Squire right-of-way deed to the SLS&E

      "Edwin S. Briscoe" for Watson C. Squire
      "Jos. W. Gregory" for Ida R. Squire
      (Confirm the Notary Public in the photocopy below.)

    Deed Filed at SLS&E Request: March 29, 1887 Squire right-of-way deed to the SLS&E

      "Filed for record at the request of Burke and Haller April 14th A.D. 1887 at 17 min past 10 A. M."
      (Confirm this statement in the photocopy below.)



Photocopy of the Squire Right-of-Way Deed:

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 131

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 132

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 132

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 133

    End of Deed.



Full Transcription of the Squire Right-of-Way Deed to the SLS&E:

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 131

                   Watson C. Squire & wf

                     to                            Right of Way Deed
        S. L. S. and E. R'y Co.

                                                    In Consideration of the benefits
        and advantages to accrue to us from the location,
        construction and operation of the Seattle, Lake Shore
        and Eastern Railway, in the County of King, in Washington
        Territory we do hereby donate grant and convey unto said
        Seattle, Lake Shore and Eastern Railway Company a right
        of way Fifty (50) feet in width through said lands in
        said County described as follows to wit: Lots one (1) and
        two (2) of Section Eleven (11) Township Twenty Six (26) North
        of Range Four (4) East. Such right of way strip to be Twenty
        five (25) feet in width on each side of the center line of

    Shown Below: King County, Book of Deeds, Volume 41, Page 132

        the railway track as located across the said lands by the
        Engineer of said Railway Company, which location is described
        as follows to wit: Commencing at a point 1680 feet South
        of the North West corner of Lot 2 Section (11) Tp (26) N.R. 4E thence
        at 83o 10' East 892 feet thence on a (3o) three degree curve to the
        right 433 feet thence South 83o 50' East 1320 feet to the East
        boundary of Lot one (1) sec 11 Tp 26 N.R. 4.E. 1740 feet South of
        the north East corner of said section eleven (11) Township
        Twenty Six (26) N.R. 4.E. And the said Seattle, Lake Shore
        and Eastern Railway Company shall have the right to go
        upon the land adjacent to said line for a distance of two
        hundred (200) feet on each side thereof and cut down all
        trees dangerous to the operation of said road. Provided
        that all trees when cut down shall belong to said first
        party, the donors, W.C. Squire & wife. To Have and to Hold
        the said premises, with the appurtenances, unto the
        said party of the second part, and to its successors and
        assigns forever or so long as said land is used as a right
        of way by said railway Company. Expressly reserving to said
        grantors their heirs and assigns all their riparian rights
        and water front rights on the shores of Lake Washington.
        And this grant is upon the condition that said railway
        shall be completed over said lands on or before January 1st 1888
        In Witness Whereof the parties of the first part have
        hereunto set their hands and seals this 29th day of March
        A.D. 1887.
        Signed Sealed and delivered in Presence of      Watson C. Squire "seal"
               L.C. Gilman                                           Ida R. Squire       "seal"
               E.S. Briscoe                                      

                                     Territory of Washington
                                                                                "ss"
                                        County of King

            I Hereby Certify, that on this 29th day of March A.D. 1887,
        before me, a Notary Public in and for Washington Territory
        personally came Watson C. Squire to me known to be the
        individual described in and who executed the within
        instrument and acknowledged that he signed and
        sealed the same as his free and voluntary act and
        deed for the uses and purposes therein mentioned

    Shown Below: King County, Book of Deeds, Volume 41, Partial Page 133

        Witness my hand and official seal the day and year in this
        certificate first above written.

                 Notarial                              Edwin S. Briscoe
                   Seal                              Notary Public in and for King County
                                                       Washington Territory

                                     Territory of Washington
                                                                                "ss"
                                        County of Thurston

            I Hereby Certify, on this 5th day of April A.D. 1887, before
        me, a Notary Public in and for Washington Territory, personally
        came Ida R. Squire wife of Watson C. Squire to me known
        to be the individual described in and who executed the
        within instrument, and acknowledged that she signed
        and sealed the same as her free and voluntary act and
        deed for the uses and purposes therein mentioned
        And the said Ida R. Squire wife of said Watson C.
        Squire upon an examination by me, separate and apart
        from her said husband, when the contents of said
        instrument were by me fully made known unto
        her, and she was by me fully appraised of her rights,
        and the effect of signing the within instrument, did
        freely and voluntarily, separate and apart from her
        said husband, sign and acknowledge the same, and
        acknowledging that she did voluntarily of her own free
        will and without the fear of or coercion from her husband
        execute the same. Witness my hand and official seal
        the day and year in this certificate first above written.

               Notorial                 Jos. W. Gregory
                Seal                 Notary Public in and for Washington Territory

        Filed for record at the request of Burke and Haller
        April 14th A.D. 1887 at 17 min past 10 A. M.
                                                                 Lyman Wood
                                                               County Auditor



In King County v. Squire (1990), the court determined
who wrote the words of the Squire right-of-way deed:

    Note from John Rasmussen: The bold emphasis in this citation from King County v. Squire (1990) is made by the court. As shown in the citation, the words in bold are additions made by Watson Squire. While the court did not identify the authorship of the other portions of the deed, it must be assumed to be written by the SLS&E lawyers and taken from the SLS&E "form deed" used for many other SLS&E deeds.

    "On March 29, 1887, Watson and Ida Squire executed a deed granting a half-mile right of way to the Seattle Lake Shore and Eastern Railway Company. The material portion of the deed reads as follows with the handwritten additions by Mr. Squire set forth in boldface type:

      In Consideration of the benefits and advantages to accrue to us from the location, construction and operation of the Seattle Lake Shore and Eastern Railway, in the County of King, in Washington Territory, we do hereby donate, grant and convey unto said Seattle Lake Shore and Eastern Railway a right-of-way Fifty (50) feet in width through said lands in said County, described as follows, to-wit: [legal description]. Such right-of-way strip to be twenty-five (25) feet in width on each side of the center line of the railway track as located across the said lands by the Engineer of said Railway Company, which location is described as follows, to-wit [description.] . . . .

      To Have and to Hold the said premises, with the appurtenances, unto the said party of the second part, and to its successors and assigns forever or so long as said land is used as a right-of-way by said railway Company, Expressly reserving to said grantors their heirs and assigns all their riparian rights and water front rights on the shores of Lake Washington. And this grant is upon the condition that said railway shall be completed over said lands on or before January 1st, 1888...."
      [King County v. Squire (1990)]



Understand that the legal analysis of this Squire right-of-way deed was
intentionally misrepresented in the Hilchkanum opinions.

    In construing this Squire deed, the Squire court established the SLS&E "form deed" and its author.

         King County v. Squire (1990) identifies which words of the Squire right-of-way deed were written by Watson Squire and which words were written by the lawyers for the Seattle Lake Shore and Eastern Railway (SLS&E). Since "[C]ontract language . . . is construed most strongly against the party who drafted it, or whose attorney prepared it", the Squire court construed the changes Watson Squire made to the deed in order to understand what Squire intended to convey. By default, the Squire court found the SLS&E Railway provided the words which were not altered or added by Watson Squire. Watson Squire was a lawyer, one of the last governors of Washington Territory, and one of its first U.S. Senators. Since identical wording was used in most of the other SLS&E right-of-way deeds at that time, it is obvious that a SLS&E "form deed" was the basis of the Squire deed before the changes made by Watson Squire.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Open King County v. Squire (1990) at the position the Court identifies which words were added or changed by Governor Squire.

    The Squire court established legal precedent which was ignored in the Hilchkanum decisions.

         The Squire court found the words in the Squire granting clause "strongly suggests conveyance of an easement". Watson Squire made no changes to the granting words. Further, the court decided that the changes Governor Squire made to his habendum also expressed the intention to convey an easement. The court stated that "...Squire specifically included language in the habendum clause reiterating the limitation of the conveyance to use as a right of way." Since the Squire granting clause contains the identical wording found in the granting clause of the Hilchkanum right-of-way deed, the conclusions of the Squire court were briefed to the judges in King County v. Rasmussen and Ray v. King County. The Hilchkanum judges illegally ignored this comparison. The Squire court's conclusion that the Squire granting clause conveyed an easement is legal precedent in Washington State, and was binding precedent on the judges of the Court of Appeals Division One in Ray v. King County (2004). All of the Hilchkanum judges illegally ignored this precedent when they construed identical granting language in the Hilchkanum right-of-way deed to the SLS&E.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      View the Hilchkanum right-of-way deed for comparison.

      Understand the SLS&E "form deed" which is the basis of this Squire deed.

      Understand the common dishonest tactics used by the Hilchkanum judges.


























































Last Update: 2012-02-17