Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-05-24
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Il. 7. REiD D. Jos. wr,.r,.
This was an action Of right. under "a -
State OF Iowa, Tor the recovery y n
possession of N. E. quar,er NJ 800, V
No. y, IN the township No. 81 Ns.,s
Of range No. 5 West. N0''a
The plaintiff made on, his ,iie - !.
land IN controversy a. follows:
l. Record If Judgmen, rerc,....
O. u,s. August term Of she Lee D;..'.
Court in the year 1899, il favor e ~
Johnston Cs. .Owners of n. ~ ~.
Breed Lands lying in Lee Coun,v. q.
tl,29O. w
2. Record Of a Judgemen, recov.,.a
.. the August term Of The Lee D;.,.:..
Coar. in the year 1899. il favor II n.
vid Brigham plaintiff ". .Owner, i
Hall Breed Lands lying in Lee Con-.
w." for $6lS.
The Counsel for tile defendan, oh;..,
ed to the introduction Of The Reco,s y
the judgments above mentioned ~ 4.
ground ,ha, they were no, valid IuJ.
ments. because not rendered .s.;,s.
any person. The Cour, decided m.
i, was bound to receive The Recor.l. \.
evidence. and regard The Judgment. !.
valid .. this stage of The proceeding.
The question Of their validity could n,
now be raised.
>. The plaintiff then introduced III.
Executions issued on said judgments.
with the endorsements and Sheriff, y.
turns thereon. The Executions we,s
levied Dec. lst 1919. Con the H.lf
Breed Sac and Fox Reservation, com.
monty called The Half Breed 'rrsc.I u.
ing in Lee County" and the same '.
sold by Hawkins Taylor, Sheriff Of
Lee Coan,y, on The FRS. Of January
ls43, under the said executions, q
Hugh i. Reid. the plaintiff in ihis suii.
for The sum Of ~ 6s4 66.
4. Plain,G then offered in evidences
a deed ttoA VIM. Slots, Sheriff or II.
County 10 Il u. Reid for ..slI In,
rael cf land lying belN cen the Mssis.
xirpi AMI Des Moines rivers and South
Of line drawn from point opposils
lire point on The Des MONIES river.
where the Northern boundary Of Mic.
souri, strikes the same, TO the Missis.
sippi river, commonly known - The
Halt Breed lands lying in Lee County,
and containing one hundred and nine.
teen thousand acres more OF less."
The defendant objected 10 the intro
duc.ion nf The deed in evidence. On The
ground that it was not for The same land
described in the levy of the Sheriff en-.
darsed on the executions, and was no.
for the same land sold by the Sheriff 10
Reid. The Court oycr.ruled The Oh.
lection, and Admitted ,he deed in evi
dence.
s. Plaintiff then proved BY Sam. B.
Ayres, iha. The defendant, WebsIer.
had been in possession VI The land 10
controversy since 1899 and Up 10 she
time Of the commencemeM Of this sun
6. Plaintiff then Introduced eppy
ola map Of survey Of The Half Bwsa
Sac and Fox Reservation, made By h
infer r. Sprigg, under ! contract siIh
the Superintendent. Of IndiAa Affair q
s. Louis. in The year 1929 cen
fed by the Commissioner Of the GeM
raj Land Office Of United States.
Objections made 10 the inlroduesa
Of the Map and argued by CouMs,
were over-ruled by the Court.
7. Plaintiff then introduced % viz
ness, Sam. Nelson, practical Survey.
or, who proved The correctness Of tho
map given in evidence. Witness had
run . line, corresponding, with The
Northern line Of he Hall Breed Keser-
va,ion as laid down on said map; hss
surveyed lands lying North Of the SAINT.
The Government Surveys North of
said boundary line stop =. said line
making fractional Townships and Ss'.
,i"ns. The land in controversy I've
South Of said line and within the Hall
Breed reservation as commonly known
have followed the line By compass: i
runs N. s6so E.
8. plaintiff then read in evidence de
&C. Of the Terrilorial Legislature 81
Wisconsin. entitled ..An Act for tIe
Psr,ilion Of ,he Half Breed Lapds 80
other purposes" Also: IAN Aetsspplt.
men,ary ,here,o;" Approved June 20
1898. Also: An Act oflhe Leeislsss's
Of Iowa; Approved Jan. 25th 1899. r
pealing the above named Acts.
latter Act authorized the Coma,iss'cF
ers appointed TO sit and take tesumon!
concerning The validity of Hall Bfssd
clai,ns, to commence Actions a. ~
District Court Of Lee County, tor ~
recovery Of their several secosas
agsins, The owners Of the ..Hslt psesa
Lands" directs tina, the Trial q w
suis shall be before The Court ssd ~
Jury-and declares that ne worn
.OUners Of the Hay Breed Lans
lying IN Lee Coaaty." shall o. ~.
Glen, designation Of The defendants
said sui,s.-Eigh. weeks notice o. s'a
suits to be given BY publication.
9. Plaintiff slro introduced snd rsse
evidence an Act Of Congress. APpfossst
June 18th 1874, repeating % AZ &C
March l643; directing ! Survey q -
Northern line Of the Reservoirs ~ ~
Half Breeds, and establishing
Northern line Of The Ssid ReseFssus
ss run by Jenifes +. Sprigg. u
years 1898. a. The correct Nos
ern boundary. ~.
The plaintiff herr rested. sae '.
Counsel for defendant moved The 80
- r. nj U0UF