The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-11


Affect Titles on West Douglas Avenue
The Question as to Whether the Land
Belongs to Adjoining Property viii be
brought out-History of the Case.
A strange suit was filed in the dis
1rsct court yesterday which is far
reaching and will probably pass
through all the courts of the land be-
fore it is settled.
The suit grows out of the action Of
The Big Arkansas and will decide the
questions as 10 who is the owner or
land which has been added to the prop
erty by the change of the current This
Is particularly interesting TO many per-
cons in Wichita, as by the change OF
the current on West Douglas avenue,
alone, the river has been forced back
from where the Schwartz Bros coal Of
ice until its present place 500 feet west.
The added land is very valuable, and
while il has generally been conceded
that the properly adjoining a stream
must st:tnd the loss or gain by action
Of the current, yet if the plaintiff TO
this suit shall gain his petition in the
courts a different doctrine will be es-
tablished.
Huston, Young and Burns. all took
claims on the Arkansas river many
years ago their land running down
and bounded on the west by the Arkan-
sas river. In a few months a small is
land began TO form in the river, and
this island was entered by a colored
man by the name of Swan.
For some time a small stream Of wat
er ran between Huston, Young and
Burns land and the colored man on
the island. In. a year or two the slough
became even with the rest Of the land
and the river all ran to the east Of the
island, which now became soEdly at
tached TO the property Of the three
white men, and Notwithstanding the
fact that their deeds from the govern
nent called for land bounded on the
east by the Arkansas river, they did
not disturb the cOlored man in his pos
session.
In a short time Young, one Of the
farmers, whose farm was badly cut by
the imaginary line between him and
Swan, (the colored mani concluded to
trim out some of his timber, but was
stopped by Swan, who had him arrest
ed. The trial resulted in the acqUttal
Of Young.
Last summer during the high water
the river again broke through the old |
slough and for q time completely shut
Swan out from all communication with |
the outside world, but he was cared for |
by his neighborS bringing provisions to |
the bank and him taking them over on |
a raft
When The water had subsidized II was |
found that much accession had been |
made to tho island and it was now a, |
large, tract OF land. This was especial /
ly the case with Burns quarter, and he
found his farm increased by several |
acres, sand as his quarter did not touch |
the disputed land he, Like Doc Black,
considered himself much weahhier
But nosw comes the suit of Swan, who
alleges that while the added acres do
not join him. yet the accession was
caused by his island. and hence he and
not Burns Is entitled TO the property.
It Is one Cd the strangest cases ever
died In court and yet no one can deny
the truth Of She proposition and yet If |
tho decree should he given 1t would |
cause q general swapping Ground. In
Mr.. Diver would jump down
On Ooo Black, while Doc Black would
take The hundreds Of acres added to
the land below the bridge which had
been added by his filling in above the
bridge, and much OF the property on
West Douglas avenue would necessarily
have 10 go In court TO have the cloud
Upon the title removed
1t is a strange suit, yet both sides
declare they VIII fight It to finish.