Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-28
Iowa Homcsteader Defeats
Northwestern and Bridge
Company in Big Case
VALUABLE LAND IN DISPUTE
ouinIan Homesteaded en- 12o Acres in
Harrison County and Claimed 600
Acres of Accreton - Land Omitted
From Survey - Appeal Taken to
Washington.
Special to Times-Repub,ican.


| Logan, Jan. 2S.-William Quinlan
has won the first round in an i'm
portant case prosecuted before the
land office The case is known as the
| Chicago & Northwestern Railroad co.
and the Missouri Valley & Blair
Bridge company contesting the right OF
William Qunlan to file homestead en-
try on a tract of valuable land near the
+! Blair bridge The railroad and Blair
bridge companies have appealed the
case to the general land office at
Washington, where it will be argued in
the near future by the railroad attor-
neys. Davis, Hise and Mclaughlin.
and by Sanford H. Cochrane, OF Logan,
Iowa, appearing for Mr.. Quinlan.
The land in controversy is very
valuable tract situated on the west side
of Harrison county and consisting or
12O acres of high, dry land, formerly
covered with large timber. also about
600 acres Of accretion to the 100 tract
npon which the east approaches and.
east end of the Blair bridge and spur
railroad tracks have been located.
The 12O-acre tract was omitted from
the United States survey of 1851 and
1852 together with thousands of acres
of land along the Missouri river In
PottaWattamie, Harrison and Monona
counties, but was surveyed in 1858 by
deputy United States surveyor by the
name of Oscar +. Davis, for many
wears a resident Of Omaha. The land
in controversy, with other lands was
certified, in an early day, to the rail-
road company by the liberal acts OF
congress, but in the adjustments OF
other grants the railroad company re-
conveyed this piece of land back to
the government long before the Blair
bridge or spur railroads were located
upon and near it. In 1872 one John l.
Blair procured" this tract of land
from Harrison county, but a peculiar
thing connected with this transaction
Is that Harrison county never had any
title to the tract to transfer to Blair.
In the contest the Chicago q
Northwestern Railroad company and
the Blair Bridge company, by their at
torpeys, claim this land by adverse
possession. by the swamp land grant,
by the railroad grant and by the law
Of accretion. The homesteader, Mr..
Quinlan, by his attorney, met his con-
testants by showing that the tract was
in existence at the time of the first
survey and was not accretion, that the
second or Oscar F. Davis survey, which
embraced the land in controversy, hal
been sustained by the supreme court i'll
Iowa; that the land was not in the
swamp land grant: that it was not
subject to overflow; that Harrison
county never had any title to convey
to John Blair and that the alleged
transfer of title was void: that the
railroad and bridge companies were
stopped in claiming that the land was
not government land because the COM
pany had reconveyed 1t back, to the
government as government land; that
the United States had not parted with
its title to the land since said convey
ance by the railroad company; that
adverse possession could not set up
against the government, and that the
land in controversy was open govern
ment land subject to homestead laws
when entered upon by VIM. Quinlan.
These claims, as set forth by Mr. Quin-
lan's attorney, were fully sustained by
the United States land office at Des
Moines, Iowa, after an impartial hear
ing lasting eight days and a thorough
examination Of the records and laws
pertaining to the same.