Monk v. Inc. Town of George

• Decision Date: 14 October 1892
• Citation: 86 Iowa 315,53 N.W. 240
• Parties: MONK ET AL. v. INCORPORATED TOWN OF GEORGE.
• Court: Iowa Supreme Court

86 Iowa 315

53 N.W. 240

MONK ET AL.

v.INCORPORATED TOWN OF GEORGE.

Supreme Court of Iowa.

Oct. 14, 1892.

Appeal from district court, Lyon county; GEORGE W. WAKEFIELD, Judge.

Proceeding for the severance of territory included within the limits of an incorporated town. There was a trial by the court, and a judgment in favor of defendant. The plaintiffs appeal.A. Van Wagenen, for appellants.

Parsons & Crose, for appellee.

ROBINSON, C. J.

The defendant was incorporated in April, 1890, its corporate limits including the W. 1/2 of section 1, and all of section 2, in township 98 N., of range 44 W., in Wheeler township, Lyon county, and the S. 1/2 of section 35, and the S. W. 1/4 of section 36, in township 99 N., of range 44 W., in Liberal township, Lyon county. The plaintiffs own the S. 1/2 of section 35, and the S. W. 1/4 of section 36, and ask that this land be severed from the territory of defendant. No part of it has been platted into lots, and the plaintiffs claim that it is low and undesirable for residence property, and is not now, and probably never will be, used for municipal purposes. The defendant contends that the land in question is contiguous to its platted territory; that it is in all respects suitable for town purposes, and will be needed in consequence of the future growth of the town; and that it is now so near the thickly inhabited portion of the town that it should be retained within its corporate limits for police purposes. The platted portion of the territory of defendant occupies the N. E. 1/4 of section 2. There are about 50 buildings on that territory, and not more than two or three new ones are added to the number each year. Only a small portion of the lots in the platted portion of the town are occupied by buildings, and there is land east and south of it which is higher, and in some respects more desirable for residence purposes, than is the land in question, some of which is low and occupied by sloughs. It is shown, however, that the business portion of the town extends to within about one block of that land, and evidence was introduced which tends to show that portions of it are desirable for residence purposes, and there would be a demand for lots there if they were platted and offered for sale. Section 1051 of the Revision of 1860 authorized a severance of territory in a case of this kind, “if the court or jury shall be * * * satisfied that justice and equity require that the prayer of the petitioners should be granted.” The words, “that...