The Oskaloosa herald., 1914-12-17
IOWA SUPREME
COURT DECISIONS

Des Moines, Dec. 16.-The supreme
court made ruling in the case of
T. F. Griffin, appellant, vs. M. L.
Brown, of Sioux City, which deter
mines that in boundary line disputes
possession of land for over ten years
does not give title to the property.
The court asserts that when a per
son takes possession of a piece OF
property and by mistake of measure,
ment or otherwise takes possession
beyond the true line and occupies it
for the statutory period, he acquires
no title by such occupancy. In the
Sioux City case, only a few inches
of ground were in dispute. A mis-.
take had been made in the original
survey of the ground. The court
holds that now that the error has
been discovered it must be correct
ed by each person taking what he
was entitled to in the first place.
Des Moines, Dec. 15-The supreme
court Is in session this week for the
full bench period to close up the Sep
TENDER term. All cases involving
the constitutionality of laws have
been assigned for submission this
week
The court has fixed the time for
hearing o"ai arguments in the case
of Earl Jones VS.. Warden c. G. Nc
Cloughry for 2 o'clock Wednesday
afternoon. Jones is seeking his lib
erty by habeas corpus proceedings,
attacking the amendment to the
constitution which permits the coun-
ty attorney to return an indictment
while the grand jury is not in ses-
sion. This amendment has been in
force for more than quarter of a
century. It's validity has never be-
fore been questioned. Jones Is the
young musician of Corning who was
sentenced to FIVE years in the refor-
matCry for tie alleged kidnapping of
Grace RunyCn daughter of a bank
er. They had been engaged. Friends
or the couple say thst the affair was
a. elopen,eut
About a month or so after Jones
was taken to Anamosa it became
known that he pleaded guilty to the
charge of abduction. under the mis-
taken sense of honor He wished to
spare the girl the necessity Of ap-
pearing in court. Since the affair
the father of the girl, who objected
to the marriage, died. 1t is believed
ated that the wedding of the young
people may be brought about.
The supreme court has assigned
the street car franchise appeal for
oral argument Thursday afternoon
at 2 o'clock. In this case the Des
Moines City Railway company wishes
to force Horace Susong, city clerk,
to canvass a petition which was
filed by the company with the city
council. This petition calls for a
special election on the street railway
franchise. The city council has TAX
en-. the stand that the street railway
company petition was based on a
section of the Des MONIES plan
which does not apply to franchises.
The city has co-operated with the
compay In getting an early hearing
in the high court.
The railway company action is
for writ of certiorari, bringing
about review of the proceedings in
the district court in which the city
council was victorious. II the court
affirms the lower court, the franchise
election planned by Mayor Hanna
will be held in JANUARY. 1t Is said.
The following opinions were hand
ed down:
Ludowici Caladen company, appel
liant, VS.. School District OF Independ-
enee, Buchanan county, Judge Geo.
w Durham. Proceeding on claim.
Affirmed. Opinion by Withrow.
William Plummer, appellant vs..