Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-16
East Main Street Business Pro
perty Will Enter Court to
Determine Ownership
wEscoTT HEIRS ENTER CLAIM
Property Owned by J. F. Meeker Since
1875 is Now Sought by Children of
Late "AI" Wescott-Worth Around
$4,000, Including Building Erected
by Meeker.

What gives promise OF being an IN
teresting suit from d standpoint OF
law has been filed in the district court
by Leon r. Wescott, of this city, and
Mrs. Bernice O. Nall, of Oakland Cal,
children Of the late Charles A. Wescott,
against j. f. and Sarah Il. Meekcr.
The action is to quiet title to the un-
divided three quarters Of lot s, block
IL, original town Of Marshall, which
is 112 East Main street, the business
place of Robertson & Strub. The Wes-
colt heirs claim to be owners of the
land on which the building stands, or
at least to have three quarters in
terest in the property. by terms of
their grandfather's will. +. l.. Meeker
is claimed by the Wescott plaintiffs to
be owner of the other quarter interest,
thru his purchase Of same from Glare
Wescott.
Years ago John Wescott, father of
the late Charles A. Wescott, owned
six Main street lots from the corner
of First avenue east to, and including
the lot now containing the Meeker
building, numbered liz. John Wescott
ried interstate Oct. 81, 1865, leaving by
his will life estate to his widow
Hannah Wescott. Hannah Wescott
died on Oct. 80, 1891. BY his fathers
swill Charles A. Wescott was given a
life estate in the property, subject to
the life estate of his mother. Charles
"A. Wescott died intestate on Nov. %,
1905, leaving four children. Clare Will
lam, Leon F. and Bernice o. Nall.
Clare Weseott. on June rs, 1902, con-
on July 8, 1902, William Wescott sold
his interest to Leon F, Wescott, ac-
cording to the claim of the plaintiffs.
Mr.. Meeker's Claim.
Mr.. Meeker claims that he has been
in open and adverse possession under
a full warranty deed, given by Charles
A. Wescott, since 1875, has made i'm
provements to the extent Of $4,000, paid
all of the taxes on the property all
these years, and that the parties bring
ing the suit not having asserted their
claim within ten years, when they
could have so asserted claim. that
he is the owner in fee simple OF both
land and building.
Mr.. Meeker explains that In June,
1875, he and Timothy Brown bought
the interest of Hannah Wesc0tt, pay
ing her 800 per year during her life,
and on Sept. Is, 1875, paid Charles A
Wescott $1025 for his life interest. In
1876 Meeker borght Browns half in
terest for $500, thus making Meeker
full owner. Charles A. Wescott gave
a warranty deed for the property, and
this deed is still on record. He has re-
tanned possession ever since, thirty-two
years next September. Mr.. Meeker al
SO claims that the Wescott heirs have
slumbered on their rights, II they had
any rights, and should have made their
claim within the statuatory period OF
limitations, which he claims to be ten
years.
Another Wescott Suit.
Leon +. Wescott and Mrs. Nall, also
the latter's husband, Wallace w. Nall,
are plaintiffs in another suit, in which
F. l.. and Caroline S. Meeker are made
defendants This is an action for par
tition of the same property involved
in the other suit, in which it is claimed
that the owners are not able to agree
mutually on a division. The plaintiffs
allege that Leon F. Wescott is en-
titled to half interest in the property
Mrs. Nall an undivided one-fourth, and
f. L. Meeker one fourth. A judgment
confirming the shares is asked.
Leon F. Wescott has served notice
an Robertson e. Strllh tn the effect
that they shall not pay further rental
on the building they occupy to j. +.
Meeker, pending the decision of the
case. The building rents for $50 per
month.