South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-11-15
TO APPEAL LAND
CASE TO SUPREME
COURT OF STATE
Arguments Made in Various
Courts for Past Ten
Years.
DISPUTE AROSE OVER TITLE

In another effort to settle the title
Of 5000 acres OF "meander land"
along the Kankakee river in Starke
and Laporte counties, the Tuesburg
Land company. will appeal the deci-
sion Of Judge Funk in circuit court
to the supreme court OF Indiana
within the next few days.
Two judges decisions. one jury de-
cision and a decision by the appel
late court has already been given on
the case which has been in various
courts for nearly ten years.
Action was first brought by the
state against the Tuesburg Land Co.,
in the Starke county circuit court
where a judges decision for the de-
sion the state requested a new trial
and a change Of venue was taken to
LapOrte county circuit court where
another judges decision was given
in favor OF the land company.
From this decision the state car
ried the case to the appellate court
where a reversal Of the decision was
given and a new trial ordered. A
change Of venue was taken to ST.
Joseph county circuit court where
the case was started for the first
time with a jury trial. In this trial
Judge Funk issued instructions for
a finding for the plaintiff
File Appeal Bond.
From this decision in a final effort
to win the case, the defendants filed
an appeal bond and expect action
within a very short time in the SUI
preme court There is a possibility
of the case being carried to the su-
preme court of the United States
from this decision.
The land in question borders
along the Kankakee river and is sit
uated about two miles in width in
both Starke and Laporte counties.
In the original survey by the gov
ernment in 1894 the land was cover
ed with water and was "meandered"
around, leaving the territory in ques-
ton unplatted.
The Tuesburg Land Co., owners OF
all land adjoining the plot on every
side, bases it's claim upon the doc
trine OF riparian ownership, that the
ownership Of land abutting a stream
includes one-half Of the stream it.
self. The state is basing its claim
upon the Swamp Land Act of
Sept. %, 1850, wherein the govern
ment gave to each state certain
swamp lands of the country.
While small drainage projects
have been attempted. the land is still
too swampy 10 be of value as farm
land. destinations of the value of it
when drained are placed at between
100000 and 100000.
Drain Land.
The land was purchased by the
Tuesbprg company from the English
Lake Land Co, a group of Chicago
men who had erected a club house
and used the tract for hunting and
fishing. Recent efforts at drainage
has spoiled nearly all the hunting,
however.
The tract has been considered by
the governor for a penal farm and
that is said to be one of the main
reasons for the legal battle being
fought by the attorney general The
governor made a trip TO the tract
one time but decided nothing def
mite about its use.
Among the attorneys handling the
case for the state are the Asst Atty.
Gems. L. NJ. White and G. b. McClul-
lard. Thomas w. Slick Of South
Bend and Andrew ]. Hickey have
also been connected with the case
on the side Of the state. For the te-
PENDANTS Grant Crumpacker, Of Val
paraisO, has been with the case since
the filing Of the first complaint.
Lemuel Darrow and +. r. Osborn
of Laporte are also on the side OF
the defendants.
Mr.. Crumpacker secured the tran
script OF the case which contained
many hundred sheets from County
Clerk Warner Friday and announced
that the case would be fled in the
supreme court as soon as possible