"Dirty Dan" Harris - Goes to Court

    Dan Harris filed the plat for the Town of Fairhaven on January 2, 1883 and began selling lots a month later. Individual lot prices for the first six months averaged $137.50. (See the companion booklet: Dan Harris Founds Fairhaven for details. On August 13, 1863 Dan agreed to convey Blocks 10 and 11, lying in the tidelands between Columbia and Gambier Streets, to Robert Knox, Angus Rankin and Benjamin E. Musser for $1,000 with the proviso that they would construct and put into operation a twenty-five horsepower sawmill on the property by October 13th. The three purchasers made a down payment of $20 and Dan Harris delivered a bond for deed promising to transfer good title upon payment of the $980 balance of the purchase price and the establishment of the sawmill.

    The three men took immediate possession of the premises, however they failed to pay the balance due or to construct a sawmill by October 13th. When they later did build a e sawmill, it operated for a period of less than three months. On January 18, 1884, Robert Knox sold his interest in the property to Benjamin E. and H. E. Musser and on January 30th, Angus Rankin sold his interest to the two Mussers.

    Dan Harris repeatedly pressed the purchasers for payment and declared his readiness to deliver a deed. These efforts being unsuccessful, Dan engaged Attorneys I. M. Kallock and W.W. Holcomb to bring suit against Knox, Rankin and the two Mussers. This suit was filed on January 30, 1885, demanding full payment plus interest at 10% per annum and reimbursement for his legal expenses. At Attorney Kallock's request, the court issued a summons to each of the defendants. Sheriff F. W. deLorimier served each defendant personally, Robert Knox in the City of Whatcom on January 31st and to Angus Rankin, H. E. Musser and the wife of B. E. Mussser in the Village of Fairhaven on February 2nd. The Sheriff filed his return on February 3rd, claiming $7.10 in expenses, including $1.50 for fifteen miles of travel.

    Acting on behalf of the defendants, Attorney Charles I. Roth filed a demurral with the court on February 20th. The attorneys for the plaintiff and the defendants conferred and presented a stipulation to the court on June 8th whereby the defendants would relinquish the property and all attached improvements to the defendant and he would pay the $150 cost for the related legal action. On the same day, the court issued a judgment confirming the terms of the stipulation unless the defendants satisfied the debt and the accrued interest. The fact that Blocks 10 and 11 were included in the Fairhaven properties Dan conveyed in his bulk sale to Nelson Bennett in 1889 indicates that the debt was never paid and that ownership of the two blocks remained with Dan Harris.
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