The Leon reporter. (Leon, Iowa) 1887-1930, 1915-08-19
Joseph Hamilton vs.. City of Leon
and Park Commissioners.

On and prior to February Z, 1873,
Abial Miles, was the owner of all or
the largest portion of the southwest
fourth of the northwest fourth Of
section 33, in township So, range 25,
which now constitutes part of the
City of Leon. On the 7th day of
February, 1878, he conveyed por-
ton of said tract to the plaintiff,
Joseph Hamilton, by a general war
ranty deed, describing the tract as
follows: !.
Beginning at, a point 24O sfeets
south of point 315 feet east Of the:
northwest corner of the southwest
fourth Of the northwest fourth of
section 33, township 50, range %,
and running thence east 498 feet;
thence south ZIG feet; thence west,
1913 feet; thence north ZIG feet to
: point of beginning.
This tract as the city is now plat
ted, extends from Main street on the
west, to @ street on the east. 1t
was improved and fenced by the.
plaintiff many years ago, and there
is no question between the platntin
and his grantees on the one hand,
/ and the city of. Leon on the other
hand, as to this tract of land.
~ A strip of ground 16 feet wide ad-
Joining this tract on the south. and
extending from street to street is IN
dispute in this action. The city
claims this strip as a public alley;
that it was dedicated to the public
as such many years ago, and was ac-
cepted, recognized, and has been
used by the public as such ever
since. 1t also claims the right to
use it as an open way under its deed
from Mrs. Harvey and her son.
The plaintiff in his evidence in
chief seemed to claim the strip as q
part of the tract conveyed to him
by miles, but when it was shown by
the evidence, that he and his gran
tees were in possession Of the whole
ZIG foot tract conveyed to him by
Miles, he then testified that he had
bought 16 feet additional of Miles,
/. but had never gotten any deed for It..
That the plaintiff has claimed
some interest and control over this
disputed strip of land in late years
is apparent from the evidence, but it
is also clear that it has been used as
Z a public alley, and to certain ex-
tent, at least, recognized by him as
such during the same period. But
/ fail to find from the evidence that he
ever had any title to the tract, or
was ever the owner OF the same.
The records in the recorders Office
in Decatur county were destroyed by
fire in March, 1874, and it is quite
probable that records bearing ma
terially upon the question here in
4 dispute were destroyed at that time.
The plat of this addition, which is
known as Miles Addition, that is
now recognized and used, appears to
have been filed in 1873, and by that
plat the land which Miles had pre-
s viously conveyed to Hamilton by
metes and bounds is designated, as
I 0ut-lot /, and tract, Immediately
s south of that, and lying between
! the Hamilton tract and 18th street,
is designated as Out-lOt g. This plat
Indicates that out-lot 2 is either 200
or PIG feet wide. One purported
copy of the plat, submitted to me by
counsel states it TOO, and the 9TH
er at PIG.
It is contended by the city that
I. Miles plated his addition by anoth-
i er and different plat prior to the
plat of 1873, and between the time
he made his deed to plaintiff, and
October, 1875, and I think this con-
J ntion Is. borne out by the evidence.
( In October, l 5 IS, Miles conveyed to
William Morgan Hart the following,
among other property:
Blocks = and S, with the space
4. x,
Continued on Page 2.
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