Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-06-11
Case
OPINION FILED.
JUDGE ROBERTS HANDS DOWN
RULING IN THE CAMPBELL
CONTEST.
SETTLES OWNERSHIP
Accreted Land at the Boat House oc-
cupied by G. r. crabb was Claim
ed by Miss Blanche Camp
bell in Suit.

An opinion in the holly contested
case of Blanche Campbell against G.
X. Crabb, in which the question of
ownership of certain land near the
river in the vicinity of the boat clubs
house at the dam was involved, has
been handed down by Judge M. A.
Roberts In the opinion the judge de-
cides that the defendant, Crabb is EN-
titled to decree and orders the coun-
Gil to prepare the same.
This case has attracted consider
able attention since first coming up
and an opinion has been looked for
with keen interest by the legal fra
ternity. The question involves the
accretions from the river to strip Of
land, occupied by Crabb and claimed
by Blanche Campbell. The history of
the land involved goes back over
many years. The opinion follows:
The Opinion.
In the district court Of Wapello
country, Iowa, Blanche Campbell
against G.. b. Crabh ct al, opinion.
| have delayed an opinion in this
case until could more carefully go
from my Office and in the term time,
L
upon the establishing of right by vir-
tue of aceretions, as to which, as al
ready ruled by this court the law Is
against her; OF by adverse posses
sions. This latter right depends upon
the law and the evidence.
The proof shows that Mr. Caldwell
built and maintained fence from the
north corner Of the old boat house to
the river many years before his death
and that he claimed to own UP to said
fence and that he and plaintiff have
used the land up to the river above
said fence continuously for as much
as twenty years but that said use has
not been exclusive UP to said fence.
He did not have the title and the
lessees of Mr.. Chiffon never recognize
ed his right to use the land up to the
said fence: The boat club people
built their porch out on the land be-
yond said fence and Mr.. Chilton's
conducts shows, | think clearly, that
he did not concede the right of plain
tiff and said Caldwell to said land
1 If the Crabb building has been there
ten years before Chiffon disputed
! plaintiffs possession, then think hel
claim would be established, but the
ten years had not elapsed, and the
! possession of the said Caldwell prior
to the building of the said building
was not such think as to fully ap
i prise said Chiffon of his claim.
1 Hence | conclude that, as between
plaintiff and defendant the defendant
is entitled to a decree AS to the
interyenor, think its claims must be
/ determined by reference to its deco
4 which describes it's lands by meets ant
4 bounds beyond which it has no RICH
| whatever. The record does | thinl
show title to all the land in question
save that covered by intervenors deco
4 to be In defendant, Chiffon.
! Defendants attorneys may prepare {
decree in keeping herewith and aftel
submitting it to the opposing council
then present it to me for signature.
l June 9, 1908, M. A. Roberts, Judge.
4 Mrs. Ed. Morrison, accompanied b.
her sister Miss Bessie Gage, left Sat
urday for visit with relatives il
Cambria.
Fl. w. and G. J. Gittinger left Satur
day evening for Louisiana, Mo-. havlnl
received word that their brother, Ed
Gittinger had fallen from a cherr.
tree and injured his spine and was il
a critical condition.
Miss Minnie DUNCAN arrived HON
Saturday from Minneapolis where sli
has been teaching in the publ
schools
Messrs. Frank Clark and c. z
Fluke left last night on combines
business and pleasure trip to Chicago
, Miss Augusta Householder went
Ottumwa Saturday evening to spend
few days with friends.
Mrs. J. O. Becker left Saturda
evening for visit in tOtumwa wit
her daughter. Mrs. Arthur Curtis