On March 10, 1886, Mary Jane Hayden separated from Gay Hayden and divided their property in court, from that point on each handling their own real estate and financial affairs. Gay Hayden later sold a portion of his land to Terrence Furey in September 1901, Terrence Furey prior to the purchase of the lot was informed that Mary Jane Hayden was the wife of the grantor but that she had no interest in the lot. Furey then resold the land on March 8, 1906 to Reinhold Zerbst. Mary Jane Hayden did not join in this conveyance. Terrence Furey sold and conveyed the lot to Reinhold Zerbst, who at said time did not know that Gay Hayden was a married man. Gay Hayden had died almost four years previously intestate in Clarke County in May 1902 and his estate was probated in that county.
The Portland and Seattle Railway had Zerbst's land condemned in 1903 and he was subsequently reimbursed $1200 for the land. Mary Jane Hayden had made no claim to this lot until the sale to Zerbst was begun upon which she appealed to the Supreme Court of Washington in 1908 for her half of the proceeds from said land sale and resulted in the case of Hayden v. Zerbst. In the end, the court found in favor of Zerbst as Hayden had not taken any action for 14 years after the sale of the land by her late husband.