The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-02-13

ing west only as far as Occidental
street According to this original
plat Division street was the south city
limits between Locust and Occidental |
street. The southern end of Locust |
street intersected the half breed line |
and it is the general supposition that
in laying out the city the surveyors,
knowing the government had ordered
the half breed line to run due east and
west, had simply established Division
street along the half breed line since
Division street, or the south edge OF
the city, was supposed to run east
and west. Since Division street ang-
les to the south it hits Occidental
street $50 feet south of where it
should had it been laid out according
to the original city plat. Consequent
| ly there is triangular strip of land,
bordered by Occidental street, by
division street, and by where Division
street ought to be, which has never
been actually decided from the govern
ment. In the division of the blocks in
Ito lots the lot lines have simply been
/ extended through the mo man S
! land and the owner OF the lot direct
/ ly north becomes supposed owner OF
such land as is gained by the extern
sion of his lot lines to Division street.
Outlet 1889, which was the south
west block of the original city, OF
course has the widest strip of the
4 triangle. The owner of any OF lots II
Ito Is in this out-lot has a clear title to
jGS feet of ground, and has 140 feet on
the mo mans land tackled on. And
on most of these lots the residences
are built on the mo mans land part
of the lots
Prior to 1909, Mrs. Becky Leber was
owner of lots 10 and IA, out-lot 1889,
Webster's subdivision. She had CIV
eli a mortgage on these lots to Bern
ardina Kalin, and a second mortgage
Ito Burt-zaiser Company of Burlington,
describing the property by their num-
bers only The suit made its original
appearance under the title of Kalin
versus Finnegan. Mrs. Leber having
married Peter Finnegan. 1t was an at
tempt to foreclose the mortgage, the
lplaintiff being represented by Attor-
ney Henry Schlemer. Then Bern
ardina kalin died, and also Attorney
Schlemer, and Burt-Zaiser assumed
the other mortgage and continued the
suit.
In the meantime Peter Finnegan
was indicted for bigamy. He employ
ed to represent him Attorney Crist OF
st. Louis and as security for the at
, torney's service Mr. and Mrs. Finne-
gan decided through Crist to c. j.
Sattier OF ST. Louis all their property,
describing the lots in question by
metes and bounds. Finnegan plead
guilty to the charge against him and
was sentenced to two years in the
penitentiary at Fort Madison.
The mortgage suit progressed. Be
cause the north portion of the lots
} did not include the dwelling, 1t was
claimed that the mortgage of Burt,
Zaiser, describing the lots by their
numbers only. did not give them a
llien on the whole OF the lots and not
ON the dwelling.
1t was shown that Sattler had adj
vanced $500 to Crist. Mrs. Finnegan
claimed that Crist had agreed to fur
nish bond for Finnegan, defend him
and that the deed to Sattier was In
tended only as a mortgage.
The court, in it's decree, held that
7 Burt-Zaiser was entitled to the first
lien on all the property; that Sattler
was to be paid $500 as a second lien;
that the deed to Sattler was meant
as a mortgage and after it was paid
the remainder should go to Mrs. Fin
!. negan. In other words, the mo mans
land is practically done away with
by the decree and it is conceded that
the owner of the north portion of the
lots in question Is the rigbtful owner
Of the property which would be in
cluded by the extension of his LOT
5 lines
Finnegan served his time, was re
: leased. His first wife got divorce
at st. Louis and he remarked his sec
ond wife after he came out of the
! prison. They now live at Burlington
The defendants are talking OF ap
; pealing the case and no order for the
! sale of the property has been issued
Kaiser to King.
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