129 Iowa 694 | Iowa | 1906
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 I he 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*696 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 trades, 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 drainage1 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*697 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,*698 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 hé owned an interest in the iand in question as a member of the partnership composing the Sioux City Land & Ferry Company. Pie further allged 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 pub-Tic 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
It is further ordered, adjudged, and decreed that the city of Sioux City became and was the owner in fee simple of each and all the premises in controversy, and is now the owner in fee simple of said premises and all thereof, as against the plaintiffs and each of them, subject only to the right, title, and interest of the codefendants hereinafter stated, and that the said plaintiffs are barred and estopped from having or claiming any interest in any of said premises adverse to the right, title, or interest of said city of Sioux City. It is further ordered, adjudged, and decreed that the defendant the Sioux City and Pacific Railroad Company is. the owner in fee simple, by deed from the city of Sioux City, of all that part of the premises in controversy lying south of the south line of Second street to the Missouri river, and between the east line of Pierce and the east line of Jones street, in Sioux City east addition, and all extensions of the north and the south streets between said points to the Missouri river; and that the defendant the Sioux City & Pacific Railroad Company is the absolute owner of said premises by its deed from said city and adverse possession thereof, and estoppel against plaintiffs under the issues made under the cross-bill of said defendant, and that- plaintiffs are barred and estopped of all interest in said premises.
The decree in the Yeomans Case was entered in 1900, and in. 1902 this suit was brought; the plaintiff basing its
In the Yeomans case there was a full trial on the merits, both as to the claims of the railroad company and the city; the city there again asserting that it had acquired title by dédication to all of the land involved in that suit and that it had conveyed a portion thereof to the railroad company. As we have heretofore shown, the decree in the Yeomans case covered the cross-bills of both the city and the railroad company, and determined the interest of each in the land there involved and that the title of both was absolute; the railroad company acquiring its title by deed from the city. Acting in good faith upon its conveyance from the city and upon the position taken by the city in the Jones and Yeomans cases, the Sioux City & Pacific Railroad Company and its grantees and successors have expended large sums of money in building depots, freight houses, tracks, etc., some of which improvements at least are located on the land in controversy.
That the plaintiff should now be estopped from asserting title to this land is apparent for two reasons. In the first place, it should not be permitted to question the de
The appellant, while insisting that there was no dedication by plat, contends for a common-law dedication, and says that its conveyance to the railroad company could not divest the title of the land and ferry company. We do
There is no equity in the plaintiff’s bill and the judgment should be, and it is, affirmed.