Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1896-11-05
Madison, Oct. %


A question of title has just been de-
cided by Judge Bum in the United
States court which has puzzled the
conveyancers and real estate lawyers
at West Superior for many years
Section 16, lying on the bay of St.
Louis opposite the city of Duluth, mas
long been a puzzle to the makers OF
abstracts of title At the head of the
lake. The title TO that section has
been distinguished as the most Off
ficult and abstruse of all Titles in
Douglas county, a region which has
given rise to most intricate questions
of title
Abranl s. Mitchell, formerly of ST.
Louis, now deceased, at one time
owned the whole section. He pur-
chased it from the state, paying for
522 acres. He made many convey
ances Of parts of the section together
amounting to the same amount that he
purchased, 522 acres. After his
death, his heirs claimed that the sec
ton really and actually contained
about 200 acres, and that he had only
conveyed some 522 acres, leaving a
balance of One-third or more of the
section still ownad by him and his
heirs. On the other hand those to
whom he had conveyed insisted that
he had conveyed the same amount that
he had purchased, and that they, who
purchased from him, owned the whole
interest which he had purchased from
the state. The question between the
parties depends upon the principle OF
law that when person purchases
land from the state or the govern
ment, on a navigable river. his own
ership extends out to the middle OF
the stream. If the section in queS-
ton extended out to the middle of the
stream, it would certain 1000 acres
if it only extended to the Line of the
government survey, it would contain
522 acres. The Mitchell heirs claim
that they had sold only the smaller
number of acres and still owned the
balance.
The court held that a proper con-
structiOn of the deeds made by Mitch
ell and his heirs, was that they in
tended to convey their whole interest
in the section, and that when they
conveyed the section as surveyed by
the government surveyors, they In
tended also, by the same deeds, to
convey all their interests out to the
channel Of the st. Louis river ad-
Joining section IS, and that therefore
they had no interest in the land.
The land involved is worth at the
present time probably two million dol
lars. The suit was brought not only
against the Land & River Improve
ment company, which purchased the
section from the original owners, but
against the Standard Oil Company.
the Great Northern Railway
company, the Omaha company, the
st. Paul & Duluth Railway company
pany and the Terminal & Transfer
Railway company, which is the belt
line of West Superior. The land
owned by the Standard Oil company
alone, with improvements, is worth a
quarter of million dollars. The
West Superior Iron & Steel plant, of
which a large interest is owned by
Mr., Rockefeller, cost more than $780,
900. The offices and roundhouse of
the Great Northern railway are also
located on this property. These
plants only occupy a small part of the
section. The total value of the bro
perty involved in this suit at any fair
estimate in prosperous times is worth
at least two millions.
It is likely that the case will be
carried to the court of appeals at Chi
cago by the defeated parties. The
amount involved is 50 large that the
litigation will be carried as far as
possible.
The attorneys for the Land com
pany and for the various corpora
tons owning interests in the land,
except the Standard Oil company, were
represented by Spooner, Sanborn,
Kerr & Spooner. Mr.. Eddy of Chi
cago represented the Standard Oil
company. Mr.. Earle of Des Moines
and Mr., Wilcox of Sampson & Wilcox
of Chicago appeared for the Mitchell
heirs, who claimed one-third of the
property. Those heirs are the sons
of Abram S. Mitchell They are
Arthur S., Frank H and Howard D
Mitchell. Anderson Gratz, agent for
the sons, is also a party All reside
in st. Louis.
FAMOUS NTTPDEP CASH