Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-01-19

A valuable stone quarry, or little
farm. according as to whether the
property is considered from the stand
point OF the defendant or the plain
tiff. y the prize at stake in a warmly
contested and interesting legal con-
;roversy waged before Judge Willett
in the district court all day Monday.
The suit is that Of Mrs Frances Cutler
V. the Nor hwestern railroad com
pany.
I Mrs. Cutters attorneys, Carney &
{ Carney and +. NJ Haradon are hight
ing for their clients little homestead.
James &. Davis. and w L. Adams, Of
Des Moines. and Binford * Farber.
this city. are trying 10 save for their
ellen, a deposit of thousands of car
loads Of stone. The deposit is share
+ Of the quarry for which the North
western Is SAID 10 have paid the Lee
Grand Quarry Company $4,000
involves Question of Old Transfer.
\ very interesting and exceedingly
important point Of law. insofar as
II effects this case and the relative
rights of the iitigants 10 the property
+ in question. is involved in this suit
and especially in the particular point
at issue in ne hearing of Monday
That issue was a demurrer fled by
ATTORNEYS FOR the Northwestern 70 the
petition Of Mrs. Cutler The demurrer
takes issue on the basic point on which
Mrs. Cutters case stands Upon the
ruling wil be determined. very prob
ably. the outcome Of the lawsuit
Alleged Reservation Holds.
In 1895 the ten acres that Mrs. Cutler
owns, which adjoin the property of the
+! Northwestern quarry. was sold to Mrs
! Cutters former husband, Cornwei.
Peterson by the then owner OF the Lee
Grand quarry Company. In the deeds
/ transferring the land to Peterson the
4 quarry company made this reservation:
All rights 10 quarry stone are reserved
BY said first party" IeGrand Quarry
I Company, except such stone as sec
ond party" (Peterson) may need for
his own use on said land" The fol-
4 lowing reservation was also made In
addition to the above; together with
the right TO enter upon said lanes and
to quarry, take and remove said stone
+ therefron."
The right TO quarry stone upon the
Peterson land was conveyed. 10 the
I Northwestern railroad by he LeGrand
i Quarrv Company when It sold the
quar-v 70 the railroad In the suit in
court M.s. Cutler sled petition 10
quiet the title to her ten acres against
the claims Of the northeastern This
suit was aimed especially a. these
reservation clauses oy which the
Northwestern ayers that j; has rigni
to quarry the stone from the farm.
To this petition the railroad lawyers
dernurred In effect they ayerred IL
heir demurrer that the facts do no.
warrant Mrs. Cutler in having the re-
lie. asked for: tina; the reservation In
the deed gives the railroad the right
/, was exercising Of going on ths
premises and Quarrying stone from IL.
Claim Was Only License.
Directly opposite Interpretations q
the meaning and purpose o. these
reservation clauses are made BY TN
attorneys for the lit!gants. Attorney
!. for Mrs. Cutler advanced the argu
|. raentg before Judge Willet. Monda!
i that these reservations we're no NOR
/ than temporary license; that tha
4 license expired with the corporate
1 rights Of he LeGrand Quarry Com
| rany. that il was an easement and ma
/ expired: and that the right TO QUAR-
| stone on the land Il ouch d right ac
tuaHy was reserved did not carry VII
il the title u al The stone on the iane
10 this Inc Of argument the ran
road lawyers replied Il Was fooIisn
nees 10 presume that the LeGran
\ Quarry Company which vas IN tn
! quarrying business. would sell
Peterson its chief asset q huge quaint
tx of unquarried stone, for The sna
sum u 1903, which Is what Petsrso
paid for the ten acres. They argue
further that all that Peterson pouzf
waz the land. less the stone Under ]
and that the railroad company wa
given not only the right 20 uncover N
stone and quarry It and take il froi
! the land ou. 10 also 90 upon the AN
I lay tracks, etc. to take the stone OF
Former Case Filled.
Last fall Mrs cutler who vas the
9-s. Peterson. brought aplt again
Dolese Bros.. for large damages for u
alleged negligent operation Of II
quarry. Il vas ayerred that the COZ
tractors. VINO operate the quarry I
the railroad. had 80 carelessiy col
Quoted the business that Nra. Pete
sons land had been greatly damag'
and was next % untenable az HON