Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-03-24
MAINTAINS COUNTY NEVER
OWNED LAND ON WHICf
COURT HOUSE STANDS.
ANSWER TO SUIT OF
EVICTION is FILED
Square Was Dedicated to
City by Henry Arson. Who Later
Gave Deed to County Fer Consider
alton of saooo-city Council Gave
Permission For Erection of Building,

That Marshall county does not il0lu
title TO the court house square, nut
that the city of Marshalltowp is the
rightful owner. is the contention OF the
city in its answer to suit filed by the
board of supervisors TO terminate the
city's tenancy of the basement officers
Of the county building. The answer
filed Saturday for the city denies
each and every allegation in the petit
ton of the plaintiff, and particularly
denies that the plaintiff is the owner
OF the premises in question, with tue
in fee simple, and particularly denies
such title"
The defendant AYERS in truth ana
in fact" the answer continues. that
the defendant is the owner OF the real
estate and the premises now occupied
by the defendant city, and that the
claims Of the plaintiff 10 the owner
thereof are false and untrue"
Notice of intention TO terminate
tenancy was served by the county
board. Aug. /, 1918. signed by the
members OF the board. w. A. Nichols
w. H. Jones and H. &. Goecke. on
Sept. l6. 1918. notice to quit was
served on the city by an attorney for
the board. ON oct. 10, 1918. suit was
fled in district court, demanding sur
render OF the offices by the city.
City Without Lease.
The lease drawn in August, 1911, eN-
tending the lease then held by the city
on offices in the county building for
period OF five years, expired Aug. l.
1916. and since that time the city has
held possession Of the offices but with
out lease or contract. For many
months the tenancy was not matter
Of contention but the county board dld
not wish to renew the lease. Then
came a time when the county desired
the rooms for other purposes and notl-
fed the city officers to move. This
the city did not wish 10 do. and the
notice served by the county board was
followed by notice from its attorney 70
get out" and later by the filing OF
suit
During the life Of the lease the city
paid the county $50 per month rental
but since the matter has assumed a
more serious nature, the county has
OSbC S1EtC DLtAItSt VI ~ OAA'%A y "a 1884,
money. The renewal OF the lease with
the county board was sanctioned by
resolution passed by the city council
Aug. g, 1911, and was signed by w.
II. Jones. then mayor, and now a
member Of the board Of supervisors.
City Claims Property.
In the city's answer 10 the county's
suit, It is alleged that by agreement
between Henry Arson, original owner
Of the court house square property, the
city square was to be decided TO the
county for court house purposes" on
payment of $4,000 TO Arson, and on
grant by the city council to the pub
lie square and approval OF the action
by abutting property owners. The
agreement between Arson and the
county follows:
1t j. agreed between Henry Arson
and Marshall county that Arson will
make a cony eyanCe to the county of
the square in the city of Marshalltown,
lying between Main and Church
streets, north and south, and Center
street and First avenue, east and west,
by q deed Of special warranty,
warranting that he has not in
numbered or conveyed the same other
wise which conveyance is for the pur-
pose Of a court house and county
purposes, of not less than $1,000 in
expenditure, and to be made when the
| city of Marshalltown shall by its
| council, release and relinquish the
| public right 10 said land and consent
| to such use, and the adjoining prop
| ertv owners admitting the above streets
shall give their consent thereto.
Upon making which conveyance
the county shall pay to said Arson
$1,000"
This agreement was signed June y.
1881, by Arson and the members OF
the county board, William H. Weather
~ George A Turner and r. II
Archard. The deed. Arson to Marshall
county, is recorded in book 107, page
la.