The Lawyer Who Pocketed the Property

Olympia, March 25.—A decision was rendered by the supreme court yesterday in the case of Ambrose A. Carson and others, appellants, vs. George W. Fogg and others. The appellants were at one time owners of three lots in Tacoma, on which had been executed a mortgage. The holders of the mortgage began foreclosure proceedings, and the appellants employed the respondents, George W. Fogg and Homer F. Norris, to defend the action under an agreement that the attorneys should have half of what was saved. The judgment was against Carson et al., and no appeal was taken. Later, other parties desiring to purchase the lots employed Fogg to secure a good title to the lots, agreeing to pay $8,300 for the property when that was done. Fogg paid the Carsons $500 for a quit claim deed, took up the certificate of sale for all five lots and transferred three of them to the parties desiring to purchase, and retained two lots in his own name. This action was brought by Carson et al. to quiet title to the two lots claimed by Fogg. It was asserted by them that they had given the quit claim to the three lots with the understanding that Fogg was also making $500 by the transaction, and that they would have the two remaining lots free from lien. Judgment was for Fogg in the lower court. The court holds that Fogg purchased the certificate of sale in trust for his former clients, and that the original agreement giving half to the attorneys of the amount saved in the foreclosure proceedings governs in the transaction. The two lots saved, the $500 paid the Carsons for the quit claim and $10.12 that was netted to Fogg in the sale of the other three lots and in the payment of the mortgage lien should all be counted as in the trust. Fogg is entitled to an undivided half interest in the two lots, and Carson et al. are entitled to an undivided half interest. The property involved is on E Street near Seventh.