Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-01-26

~ The Distric, Court for Muscatine coun-
II, has been in session all the week, being
continuation Of the November term. Atthis
Term many interesting and important cases
have been before the court for adjudication
the disposition of some Of which we give Tor
the information Of those who may feel any ln-
terest therein.
The !" Half Breed Tract case, is continued
till the April term.
United States vs.. Thomas B. Johnson, late
Marshal, is also continued to the same term.
Darlington vs.. Irwin.-a new trial granted
defendant.
The solicitor for the town has kindly fur
nished Us with an abstract Of the following
cause.
Isrrr, OGlLvIE e. McKEE,7
for the use Of Bloomington, lRi,;o Chancery.
sct, 'i ro.r...
Bill states that about the middle Of March.
1910, the citizens Of Bloomington, at NEE
ting accepted proposition from Suel Foster,
that he would purchase from the land Office the
land on which the principal part Of the town
is situated in trust for such persons as might
present to him a certificate from COMMITTEES
of an equitable claim, and paying him the pri-
mary cost and his expenses. And should mere
be any unclaimed property within the limits
of the purchase after six moths from the date
Of the purchase it should be $ forfeited to the
town of Bloomington" That said Foster act
ed under this contract so far az TO make the
purchase, and convey to all such as presented
their claims within six months at the end OF
this time. there was left in the hads Of Foster
unconveyed, four or FIVE valuable lots and 9TH
er lands; and among the lands was strip a.
bout half mile ia length and Of indhnite
width. lying along the waters edge between
the Mississippi river and Front street, by
means whereof access TO and from the town
and river may be interrupted and cut off by
Foster. That there is a constant accumula.
ton Of land in from. Of the town by alluvl-
on-that it is important, e. indispensable TO the
prosperity Of the town, that tho corporate au-
thorites Of the town should have the coutrol
thereof. That by virtue Of this agreement and
also by virtue of the plat of the town recorded
by Fostel. Whereby no space of ground is
river. ComplaiCants claim the lots as private
property, and the land on the. river shore for
public use and prays REIMBURSEMENT by Fos-
ter.
To this bill Foster demurred. Demurrer
overruled by the court.
From this the reader will perceive that Fos-
tel, citizen of the town, claims and legally
holds Chat is the legal title is in him, all the
Wharf from Pappoose creek TO the bluff, and
all the most important streets and alleys Of the
town; and could, were it not for the moral and
physical form Of public sentiment, OF rather of
the citizens, for he has no regard for the lat
ter. shut them up at pleasure. The town
holds The equitable title to all this claim, and
now sues for the legal, aud the overruling Of
the demurrer of Fosters counsel, operates TO
vest it in the town. Foster must therefore to
continue this unholy warfare against justice,
equity and good conscience, honor, trust and
confidence Improperly and unworthily repo-
sed) either appeal from the decision of His
Hon. Judge Williams, or make an affidavit
of merit" the last of which he cannot do and
fulfill both the requisi,ion of duty to GOD and
conscience. The abstract which is admitted
as the truth inform US that Foster was appoint
ed bidder for the property in dispute on his o,un
proposition, the minutes Of the meeting of ci,i-
zens contain the following:,
"On motion Of Suel Foster,
Resolved, That Suel Foster be appointed
purchaser of the fractional lot or which a part
Of Bloomington is situated
After his appointment he executed bond to
the petitioners ct al. under penalty of $780,
900 conditioned TO convey to all persons pre-.
sen'ing certificates for lots, and further condi-
tioned that said Foster " shall convey 10 tho
town Of Bloomington all such as may no, be
included in said certificate" Now said Eos.
ter wholly refuses so to do though often re-
quested and unlawfully, unjustly holds the
same. How this matter will terminate we
know not, yet we opine there is court Of
competent jurisdiction which will properly ad.
judica;e this question, Of great importance to
and so virtually effects the interest of the town.
u The Bill repeating the charter Of the
Miners Bank has passed the House Of Rep
resentatives. EVERY Democrat voting for it.
and all the Wings voting against it. Nothing,
save Its passage in the Council, could give us
more pleasure than this event. II is rejoicing
to see all the Democrats, like good men and
true, battling thus manfully against this, the
greatest curse with which Iowa has been in.
hlcted. From the reports which came 10 us
we were lead TO fear that some Of the Demo.
Gratis might be for using more lenient meas.
ures, but we are convinced that they 90 for
the determination Of such radical evils from