The Leon reporter. (Leon, Iowa) 1887-1930, 1915-08-19
CITY WINS BOTH CASES,
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VII VINO OVVuu VNoIO'
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between of 66 feet, except 16 feet
wide on the north side Of said block,
which is in controversy, and is con-
yeyed if Miles succeeds in holding
1t. All in Miles Addition to the
Town of Leon, Iowa."
Hart took possession of this prop
erty, and upon his death, it passed
to his heirs, and in 1906, Lucinda
Simpson, formerly Lucinda Lun-
beck, who had succeeded to the Hart
title, conveyed the Hart tract to the
plaintiff by the following descrip-
ton:
Outlet 2 in Miles Addition to the
Town of Leon, Iowa, except IL feet
on the north side.
In this latter conveyance, / think
1t is evident that the plaintiff could
only obtain hereunder the title to
the Hart property The difficulty IN
the case is the apparent impossible
ity of the determining whether block
4 and 5, in Miles Addition, as refer
red to in the Hart deed, covers the
same ground as is indicated in the
plat by out-lot 2. But as Block 4
and were evidently plated after
Miles conveyed the tract to plalntlh
by metes and bounds, it is fair to
presume that they contained all the
ground between plaintiffs tract and
18th street.
It is quite clear from the Miles
deed to Hart that a certain strip 10
feet wide on the north side of the
-, on6 that If
was only to pass by the deed in case
Miles succeeded in holding it, and
there is no evidence that he did sue
coed in holding it.
I think we may reasonably infer
from these records that Miles plat
ted this addition by plat which was
probably destroyed, and that he
NAV have designated therein this Is
foot strip as a public alley. The
member of the Hart family who sue
ceeded to the Hart title expressly
excepted a 16 foot strip of of the
north side of the tract from her deed
tn the plaintiff, which was made as
late as 1906.
In view of the fact that it is i'm
possible to definitely determine
from the record whether Blocks 4
and 5 conveyed by Miles to Hart
covered and included the same land
N is now described on paper as out
lot I. and in view of the further fact
that Miles indicated in his deed to
Hart that he in some way parted
with a 16 foot strip of of the north
side of this tract, I think the use OF
this "trip by the public as an alley
for n any years becomes very per-
suasive fact indicating that the strip
was originally dedicated to the pub
lie as an alley for public use. In any
event. | fail to find from the evil
dence that the plaintiff has shown
any title to the tract in dispute, and
therefore, he is not entitled to the
Injunction which he prays for in this
action. to restrain the city from in
terferring with the land as his prop
erty.
Plaintiffs counsel has recently
called nv attention to the claim that
-out-lot 2 is PIG feet wide, according
to the present pat, and that he re-
ceiyed a deed to the whole OF that
lot. except the north 16 feet, and
when he parted with the title, ne
onlv conveyed the south 1874 feet
of the lot. Therefore, he still owns
the second 16 feet south from his
original tract obtained from Miles.
Az remember the evidence, 1T Is
not very definitely shown just now
much ground there is between the
south line of plaintiffs original
tract, and 18th street, by actual
measurement. However, that may
be. the controversy in this case is IN
regard to the 16 foot strip OF land
Immediately south of, and adjoining
the plaintiffs original tract. That
is, the tract that the plaintiff was pout
to fence and that is the tract that
the city officers were preventing hlm
from fencing, when he brought TINS
action to enjoin them from SO dong.
1T IS THEREFORE ORDERED,
that the plaintiffs petition be, and 1T
is hereby dismissed, and Judgment
is ordered against the plaintlf1 Tor
the costs of this action.
Defendants counsel may prepare
a decree, or order, in accordance
herewith, and after submitting the
same to plaintiffs counsel, present II
to me at Chambers for signature.
To all of which the plaintln ex-
cepts. .a+
1915.
THOS. L. MAXWELL,
Judge District Court
r,vo.%-:o ~ CffV n Leon.