Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-02-05
Case Decided Involving Titles
to Land on Which Kings
ley Is Located
CLAIMANTS LOSE IN THE COURT
keokuk Man Sought to Establish Title
to Property Valued at $500, ooo-Pur-
chased Claims of George 3. smyth,
Who Was Alleged to Be Victim of
"circuIar" Insanity.
pecial to Times-Eepubllcan.

| Kingsley, Feb. Resident property
owners of Kingsley slept we'll last
night, because they could read the ii
| ties to their homes and their business
blocks clear. The famous town site case
pending in the courts number of
years was decided by Judge Hutchin-
residents of Keokuk. The case in
volved land valued at 100000 in the
heart of the town and on which many
of the best buildings of Kingsley now
stand.
The history of the case in brief, is
about as follows: In January, 1908, a
transfer was filed in the county record
er's office which read, George p.
Smyth to David A. Collier, 81, all sec
ton s, west half 20, and all section 20
t90-43, also all lots in town of Kings
ley"
People Were Startled.
The recording OF this deed came as
a thunderbolt from a clear sky to tine
owners of fine farms in Garfield and
the residents of fine and comfortable
homes in the thriving town of Kings
ley. George Smyth, who decided the
above property to David Collier, was m
early days a railroad magnate and pro-
moter and hobnobbed with men like
Jay Gould and other great financiers.
Forty years ago Smyth was a wealthy
- Tnc
Moines Valley railroad. In the days
of the early seventies his railroad was
given large land grants. like other
railroads and Smyth was given tract
of land to improve his railroad and
as president he received grants of
land in Emmett. Humboldt. Sioux and
Plymouth counties He decided this land
to his wife. Martha Smyth
Met With Reverses.
In succeeding years he met with bus
iness reverses ana to secure some of
his creditors his wife gave a deed of
this land to P. Thornton Lomax, who
as we'll as Smyth, was a Keoluk man.
The Smyths gave Lomax a defeasance
deed, which meant in this That when
Smyth paid Lomax the amount of the
indebtedness. which was $4,000, Lom-
ak was to deed back the land to the
Smyths. Smyth could not meet the OBJ
legation and the deed aud the de-
feasance deed We're foreclosed The de-
cree of foreclosure was issued i'm the
Humboldt district court I'M 1874. In
stead of having a sheriffs deed exc
cuted Mrs. Smyth decided her equity of
but her husband did not
sign the deed.
Claimed Dover Interest.
Mrs. Smyth died in keokuk on April
81, 1908, and her husband now comes
in as claimant by right of dover and
decided his interest to his son-in-law,
David Collier. business man of Keo-
kuk. Subsequent to the institution OF
the suits against Kingsley property
owners, the Iowa Railroad Land Com
pany began suit against Collier to quiet
titles in these properties and lands
The Smaltz case, which involved the
equity to section of land owned by
J. G. Smaltz. was made test case. The
Iowa Railroad Land Company sold
the land to him and to the others who
are made defendants.
Smyth Insane.
One of the points in the case which
is Of great mopent was the question
of whether Smyth's claim is not void
by statutory limitations. This Vas
fought on the ground that Smyth has
been insane and the statutory ]imita-
tons do not apply to insane people.
DIR. Apologize, of Clarinda, for the1
plaintiff, and Dr. Volding, of Cherokee,
for the defense, who are both heads OF
state institutions for the insane were
on the stand to give expert testimony
on insanity. DR.. Apologize declared