The City of Sioux City v. The Chicago and Northwestern Railway Co.

• Decision Date: 15 February 1906
• Citation: 106 N.W. 183,129 Iowa 694
• Parties: THE CITY OF SIOUX CITY, IOWA, v. THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, THE DUBUQUE AND SIOUX CITY RAILROAD COMPANY, WILLIAM BUCEY, HARRY BICE, AND CHRIST H. BAKER
• Court: Iowa Supreme Court

106 N.W. 183

129 Iowa 694

THE CITY OF SIOUX CITY, IOWA, v. THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, THE DUBUQUE AND SIOUX CITY RAILROAD COMPANY, WILLIAM BUCEY, HARRY BICE, AND CHRIST H. BAKER

Supreme Court of Iowa, Des Moines

February 15, 1906

Appeal from Woodbury District Court.--HON. WILLIAM HUTCHINSON Judge.

SUIT in equity to determine the ownership of certain land within the limits of the city of Sioux City. There was a trial and a judgment for the defendants, the Chicago & Northwestern Railway Company and the Dubuque & Sioux City Railroad Company. The plaintiff alone appeals.

Affirmed.

J. N Weaver and Edwin J. Stason, for appellant.

James C. Davis and T. F. Bevington, for appellee Chicago & N.W. Ry Co. W. S. Kenyon and Henderson & Fribourg, for appellee Dubuque & S. C. R. Co.

OPINION

SHERWIN, J.

The land involved in this litigation is known as the "River Front Property," lying between Pierce and Jones streets, the southern boundary line of which is the Iowa bank of the Missouri river, in Sioux City east addition. Horace C. Bacon, as trustee for the Sioux City Land & Ferry Company, acquired title to this land from the government. Two plats of Sioux City east addition and Sioux City proper were made, the first in 1856, before title was obtained by the land and ferry company, and the second in 1858, after it had obtained title. On the plat of 1856 the word "Levee" appears on the river front property both east and west of Perry creek; the land in question being east of said creek. On the plat of 1858 the word "Levee" does not appear at all, but the words "Depot Ground" appear on the S. one-half of blocks 34 and 35, and on the land south thereof towards the river. In February, 1869, the city of Sioux City passed an ordinance vacating for the use of the Sioux City & Pacific Railroad Company for depot grounds all streets and alleys, and "all of the levee belonging to the city" within the territory, embracing the land involved in this suit. Later in the same month, by virtue of ordinance providing therefor, it executed a deed to the Sioux City & Pacific Railroad Company, the material parts of which are as follows:

Know all men by these presents, that by virtue of two several ordinances passed by the city council of the city of Sioux City, in Woodbury county, in the State of Iowa on the 12th day of February, 1869, the one of which is entitled 'An ordinance vacating certain streets and alleys and levee within the corporate limits of Sioux City, in Woodbury county, Iowa' and the other entitled 'An ordinance to grant the right of way and depot grounds to the Sioux City & Pacific Railroad Company,' both of which ordinances have been published so as to become operative; the said, the city of Sioux City in pursuance of the provisions of the said ordinances and in consideration of the matters and things recited and set forth therein, and of the benefits to the said city from having the station and depot buildings of the said Sioux City and Pacific Railroad Company located and erected within the said city, as well as the sum of one dollar paid into the city treasury of said city by the said railroad company at or before the making hereof, does hereby grant and quit claim unto the said Sioux City & Pacific Railroad Company all of the lands heretofore known or described on the recorded plats or maps of said city as levee, streets, alleys, or public grounds included within the following boundaries, to-wit:

Beginning at the intersection of the east line of Pierce street, with the south line of Second street, thence east along the south line of Second to Virginia street, thence south along the west line of Virginia street to the north line of First street, thence west along the north line of First street to the west line of Jones street, thence south along the west line of Jones street to the Missouri river; thence northwesterly along said river to the east line of Pierce street, thence north along the east line of Pierce street to the place of beginning together with the right to erect, build and maintain on any of the lands within the boundaries hereinbefore set forth, depots, stations, buildings, warehouses, machine shops, side tracks, switches, turnouts, turntables, engine houses, wharves, landings, or any of them, as the said railroad company may see fit, and any and all such other buildings and fixtures as may be proper for the accommodation of the business of said company, with full power to grade, level, embank, fill up, and excavate the same in such manner as said company may see fit and proper, provided that the said railroad company shall at all times and at all places within the said city so make its grades, embankments and excavations as not to obstruct the established drainage of said city, and shall be subject to all ordinances and regulations made by the city council in regard to sewerage and drainage; together also with the right to use, occupy, and enjoy the levee, or margin, of the Missouri river, between Pierce street and Jones street, in Sioux City East addition, the same being within the boundaries aforesaid, and to erect, construct and maintain thereon such wharves, landings and other structures for the use and convenience of said railroad company, and of persons navigating the said river, as the said railroad company may see fit, and to use, occupy and enjoy the use, benefit and profit thereof forever. To have and to hold the lands herein above granted and quitclaimed, the right of way, wharves, landings, levees, together with all the rights, powers, privileges, immunities and profits hereinabove mentioned and intended unto the said Sioux City & Pacific Railroad Company, and to the successors and assigns thereof, forever.

In 1870 the city passed an ordinance granting to the Sioux City & Pacific Railway Company the right to convey a portion of this property to the Iowa Falls & Sioux City Railroad Company. Parts of such ordinance are as follows:

Whereas, the city of Sioux City has by Ordinance No. 69 . . . and by other ordinances and deeds, given to said Sioux City and Pacific Railroad Company certain property rights and privileges within the following limits, viz. [here follows a specific description of the property]; and whereas, it is desirable that, for the accommodation of the public the city of Sioux City, and the Iowa Falls & Sioux City Railroad Company, that a portion of said lands, rights, and privileges be granted by said Sioux City & Pacific Railroad Company to said Iowa Falls & Sioux City Railroad Company, for the same purpose designated in the several ordinances, deeds, etc., granting said rights, privileges and property to said Sioux City & Pacific Railroad Company: Now, therefore, be it ordained by the common council of the city of Sioux City, Woodbury county, Iowa that the Sioux City & Pacific Railroad Company be, and they are hereby, authorized and permitted without let or hindrance, and without in any manner forfeiting, disturbing or affecting their rights and property not so conveyed, to convey to said Iowa Falls & Sioux City Railroad Company any portion of the rights and property above described for the purpose of erecting, maintaining and using thereon depots, stations, buildings, warehouses, machine shops, side tracks, switches, turnouts, turntables, engine houses, wharves, landings, or any of them, as said Sioux City & Pacific Railroad Company now have the right to do by virtue of the said several ordinances, aforesaid, and of the said several deeds aforesaid.

In June, 1871, the Sioux City & Pacific Railroad Company conveyed a portion of the property to the Iowa Falls & Sioux City Railroad Company, and in October, 1888, the latter company conveyed it to the defendant the Dubuque & Sioux City Railroad Company.

In 1876 George W. Jones brought an action against the city of Sioux City, the Sioux City & Pacific Railroad Company, and others, and alleged in his petition that he owned an interest in the land in question as a member of the partnership composing the Sioux City Land & Ferry Company. He further alleged that the city had conveyed the land to the railroad company, but that the conveyance passed no title. The city answered, alleging a dedication to the public of the land between blocks 33, 34, and 35 and the river, and that, in pursuance of such dedication, it had granted it to the railroad company for railroad purposes. The railroad filed a cross-petition against Jones, as we understand the record, and there was a decree that it was the absolute owner of blocks 33, 34, and 35 and the land south thereof to the river.

In 1897 S. P. Yeomans and others commenced an action in equity against the city of Sioux City, the Sioux City & Pacific Railroad Company and others claiming title to the land described in the ordinances and deed from the city to the railroad company and other property, basing their claim of title on the alleged fact that said land had never been platted for public use and that the title thereto remained in the plaintiffs as the original owners thereof, who were members of the Sioux City & Ferry Company, or their grantees. To this petition the city and the railroad company filed separate answers and cross-bills, in both of which the plats of 1856 and 1858 were referred to and relied upon, as were, also, the ordinances and the deed granting the land in question to the railroad company, and the city also plead the decree in the Jones Case and both alleged that it was therein adjudged that the land in question was dedicated to public uses, and that the grant thereof by the city to the railroad company was confirmed. The city prayed that it have a decree on its cross-bill confirming and quieting its title to all of the land involved in that suit, subject to the...