Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-15
TOWN OF UNION Wins SUIT IN.
voLv,No RIGHT TO EXTEND
CORPORATE LIMITS.
JUDGE AL1Rook HOLDS
COUNCILS ACTION VALID
Owners Of Agricultural Land Fight e..
forts Of Corporation to Extend Linn.
its Of Town-RuIins Holds lneorpo.
rated Town May Legally Extend Its
Boundaries BY Election.

Special to Times Republican.
Eldora, Jan. 15.-Judge Albrook has
rendered decision that is of interest
to many small Incorporated towns in
this state.
The city council OF Union was made
defendants in a case commenced by S.
H. Galloway and four or five others,
who sought to contest the validity OF
the action of the city council in annex
ing and extending the corporate linz
its Of the town Of Union.
sOn Feb. s, 1910, the town council Of
Union passed resolution ordering a
special election to determine whether
certain adjoining territory should be
annexed to the town and thus extend
the corporate limits OF Union to one
mile square. On March IA, 1911. a
special election was held which result
ed in ninety-six votes in favor Of such
extension and eleven votes against the
same.
Mayor D. Hauser then published
proclamation declaring the corporate
limits to be one mile square.
Mr.. Galloway. E. w. Lundy and other
property owners. who had land on the
outskirts Of the corporation, which
was taken in by the new extension.
brought an action in the district court
to declare all Of the proceedings OF the
council illegal. They also claimed that
the statute was illegal and that their
property, being agricultural land. could
not be included in the extension OF the
proposed limits.
Judge Albrook held against the
claims OF the property owners and de-
clared legal and valid the acts Of the
council and thus the corporate limits
of Union are one mile square.
Three Indictments Returned.
The Hardin county grand jury. which
has completed its labors. found three
indictments as follows: One against
Leroy Henry, charging wife desertion;
one against Paul Zilske. for lewdness:
one against Joseph Phelan, charging
larceny from the person. The cases
will come OIL FOR trial this week. Zilske
and Henry are at liberty on bond. while
Phe,an Is In jail in this city.
interesting Title Quistins Case.
An interesting case will come on
for hearing this week in the district
court when the case Of Albery
against the unknown claimants comes
up for trial. The facts as they appear
on the surface are about as follows:
Jerry Alhery brings che suit to quiet
title to q tract Of land In Providence
township in himself as against num-
her OF other heirs. alleging right Of
possession by statute Of limitations.
The father Of the parties now in legal
troubles William g. Albery. died Juno
3. 1879, and mis- widow died some years
later. neither OF whom left wills or pa
pers of distribution of their property.
Since the death Of tho father and
mother. the son. Jerry Alberty. has
continued to reside on the old home
stead. the title TO which is now in
controversy and he now insists that
the title be vested in him by right Of
adverse possession and claiming own
ership In the land thru the running of
the statute OF limitations against the
other heirs. The case will be an in
teresting one because Of the fact that
some Of the questions here raised have
never been acted upon by the courts.
Eminent counsel has been employed by
both parties to the action.