Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1912-03-28

''QUINLAN FIGHTS TWO
BIG CORPOR ATIONS
Harrison County Farmer
Goes to Court to Hold
Land He Legally
Entered.
World Herald.
Logan, Ia, Mar. 24.-Quilan
against Harrison County, an
equity action to set aside the
transfer Of lots 2 and 3, and the
northeast quarter of the north
east quarter Of section IL, 1916
recently made by the present
board of supervisors to the
Blair Bridge company and the
North western Railroad com.
pany, began here before Judge
E. B. Woodruff, Sanford H.
Cochran appearing for Mr..
Quinlan and j. s. Dewell and
Ross Mclaughlin appearing for
the railroad and bridge com.
panies.
Mr.. Quinlan asks not only
the transfer be set aside, but
that the land be adjudged gov
eminent land; If not govern
ment land. then swamp land,
the same to be appraised and
sold to the highest responsible
bidder. The introduction of
testimony was completed and
each attorney submitted addi-
tional argument and briefs.
This is an important real es-
tate case and has been in liti-
cation a number of years.
William Quinlan of Modale a or
5 years ago discovered that the
land in controversy was design
ated on the county records here
as government land and con.
tinuing the investigation, was
instructed by the United States
land office at Das Moipes that
the land in question was gov
eminent land and subject to
homestead entry; continuing
the investigation, Mr.. Quinlan
was also instructed by the gen.
eral land office at Washington
that the land was government
land and consequently subject
to homestead entry,
RELIED ON RECORDS
Relying] upon the records
here, at Des Moines and Wash
ington, and accepting the in
structions az good from the re-
spectlve government offices, Mr..
Mr.. Quilan filed upon the land
and was issued his homestead
entry papers by the United
States land offices at Des
Moines. No sooner had the
| government land office issued
Mr.. Quinlan his papers than the
Blair Bridge company and the
Northwestern Railroad COM
pany brought an action to can
eel the entry papers, alleging
adverse possession, accretion
and purchase a number Of years
ago from the supervisors of
Harrison county. Quinlan,
Through his attorney, Mr.. Coch.
ran, showed that the land in
controversy was embraced by
the United States survey held
good by the supreme court, also
that the land now occupied by
Mr.. Quinlan had not been dis
turbed since the government
survey, that the land at an
early date had been transferred
by grant to the company, and
by the company reconveyed
back to the government as gov
eminent land, in lieu of other
land, that adverse possession
did not hold against govern.
ment land, and that the land
did not belong to Harrison
county the supervisors could
not legally dispose of property
the county did not own. It was
also shown that the supervisors
sold the land, aggregating 149
acres for $l87.
HOW THE THING WORKED
The United States land office
at Des Moines, after the case
had been submitted, decided in
Mr.. Quinlan's favor and speci-
fically found that there was no
evidence of swamp land, but on
appeal to the general land of
fee at Washington the commits
sioners held that the land was
not accretion but swamp land
On appeal the secretary of the