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[CH. 351

CHAPTER 351.

ISSUANCE OF PATENT TO JACOB ARNOLD.

H. F. 693.

AN ACT to confirm the title of Jacob Arnold to the south half of the south west quarter of section No. 20, township No. 85, north, range No. 30, west 5th., P. M. Greene county, Iowa, and authorizing the issuance of a patent therefor.

WHEREAS, the south half of the south west quarter of section No. 20, township No. 85, north, range No. 30, west 5th., P. M. in Greene county, Iowa, was granted by the United States to the Cedar Rapids & Missouri river railroad company by act of congress dated June 2nd., 1864 and duly approved to said grantee; and

WHEREAS, one Jacob Arnold, of Greene county, Iowa, has duly acquired title to said land through said Cedar Rapids & Missouri river railroad company and its grantees as shown by the records of Greene county, Iowa, and has been in the open adverse possession thereof under conveyances executed by said Cedar Rapids & Missouri river railroad company and its grantees for more than twenty five years last past, claiming in good faith to be the absolute owner thereof and has made valuable improvements and paid taxes thereon during all of said time; and

WHEREAS, it also appears that said land was granted to the state of Iowa by the United States on the 2nd day of July, 1862, under the grant for the state agricultural college and approved on May 27th, 1863, and

WHEREAS, the state of Iowa has never asserted its title to said land and does not now claim to hold title thereto, but said grant appears as a cloud upon the title thereof, now therefore for the purpose of perfecting the title to said land in said Jacob Arnold.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Title confirmed-patent. That the title to the south half of the south west quarter of section No. 20, township No. 85, north, range No. 30, west 5th., P. M. Iowa, be and the same is hereby confirmed in said Jacob Arnold, his heirs and assigns forever, and the governor and secretary of state are hereby authorized to issue, without expense to the state of Iowa, a patent wherein the state of Iowa shall quit claim all right, title and interest in said land to Jacob Arnold, his heirs and assigns.

SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Jefferson Bee, newspapers published in Des Moines, Iowa, and Jefferson, Iowa, respectively, said publication to be without expense to the state of Iowa.

Approved April 19 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 24, 1913, and in the Jefferson Bee April 30, 1913.

W. S. ALLEN, Secretary of State.

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CHAPTER 352.

ISSUANCE OF PATENT TO ANNA L. EDGAR.

S. F. 328.

AN ACT to confirm the title of Anna L. Edgar to the west one-half (w-%) of the southwest quarter (sw-4) of section two (2), township eighty-nine (89), north, range thirty-four (34), west 5th P. M. Iowa, and authorize the issuance of a patent therefor.

WHEREAS, the west one-half (w-12) of the southwest quarter (s. w. 4) of section two (2), township eighty-nine (89), north, range thirty-four (34), west 5th P. M. Iowa, was patented by the United States to John R. Hocking on September 20, 1875; and

WHEREAS, one Anna L. Edgar of Story county, Iowa has duly acquired title to said land through said John R. Hocking and his grantees as shown by the records of Calhoun county, Iowa, and has been in open and adverse possession thereof under conveyances executed by said John R. Hocking and his grantees for more than thirty-seven (37) years last past, claiming in good faith to be the absolute owner thereof and has made valuable improvements and paid taxes thereon during all of said time; and

WHEREAS, it also appears from the records of the recorder's office of Calhoun county, Iowa that the United States issued a patent to the state of Iowa conveying said premises, dated November 9, 1888; and

WHEREAS, it appears from the records of the general land office at Washington, D. C., and the records of the land office of the state of Iowa that said premises was not so patented by the United States to the state of Iowa, but that the record in the recorder's office of Calhoun county, Iowa is a mistake; and

WHEREAS, the state of Iowa has never asserted its title to said land and does not now claim to hold title thereto, but said records of recorder's office of Calhoun county, Iowa, appears as a cloud upon the title thereof, now therefore for the purpose of perfecting the title of said land to Anna L. Edgar Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Title confirmed-patent. That the title to the west one-half (w-12) of the southwest quarter (s. w.-14) of section two (2), township eighty-nine (89) north, range thirty-four (34) west 5th P. M. Iowa, be and the same is hereby confirmed in said Anna L. Edgar, her heirs and assigns forever, and the governor and secretary of state are hereby authorized to execute without expense to the state of Iowa, a patent wherein the state of Iowa shall quitclaim all right, title and interest in said land to Anna L. Edgar, her heirs and assigns.

SEC. 2. Pending litigation. Nothing in this act shall in any manner affect any pending litigation.

SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa, said publication to be without expense to the state of Iowa.

Approved April 8 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 15, 1913.

W. S. ALLEN, Secretary of State.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 353

CHAPTER 353.

ISSUANCE OF PATENT TO CHARLES MARTIN.

S. F. 559.

AN ACT for the purpose of having a patent issued in the name of Charles Martin for a certain tract of land.

WHEREAS, on the 1st day of May, 1886, one M. L. Phillips obtained a warranty deed from Loren and Frank Thompson, both unmarried, for the west half of the northeast quarter of the northwest quarter (w1⁄2 n. e. 14 n. w. 4) of section No. thirty five (35) township No. seventy five (75), range No. fourteen (14), west of 5th P. M., in Mahaska county, Iowa, said Loren and Frank Thompson having an unbroken title from their grantors back to the United States: and,

WHEREAS, on the 1st day of May, 1886, said M. L. Phillips, an unmarried man, borrowed from the permanent school fund of Mahaska county, the sum of two hundred dollars, ($200.00) and to secure the payment thereof executed to Mahaska county, Iowa, for the benefit of the school fund of said county, a first mortgage on the west half of the northeast quarter of the northwest quarter (w. 12 n. e. 14 n. w. 14) of section No. thirtyfive (35), township No. seventy five (75) range No. fourteen (14), west of the 5th P. M., Mahaska county, Iowa, securing a promissory note, with interest, for said amount, due five years after date, with interest thereon at the rate of eight per cent per annum, payable on the 1st day of January: and,

WHEREAS, said mortgagor having defaulted in the payment of the interest on said loan, for over four years, said mortgage was foreclosed, as required by law, in the district court of Iowa, in and for Mahaska county, by decree entered therein in equity cause No. 6383, on the 2nd day of December, 1890: and,

WHEREAS, thereafter said premises, to-wit: west half of the northeast quarter of the northwest quarter (w1⁄2 ne nw14) of section No thirty five (35), township No. seventy five (75), range No fourteen (14) west of 5th P. M., Mahaska county, Iowa, was sold under execution issued on said judgment and decree, to said Mahaska county, Iowa, for the full amount of principal and interest then due on said loan, together with the costs of said foreclosure proceedings, and a certificate of purchase issued by the sheriff of said county to said purchaser: and,

WHEREAS, still later, there being no redemption made from said sale. sheriff's deed of said premises was in due form of law executed to said Mahaska county, Iowa, on the 26th day of April, 1892: and,

WHEREAS, subsequent to said sale under execution, the permanent school fund of said county was duly credited in full for the aggregate principal and interest then due on said loan, thereby making said school fund whole in all respects, and preserving the same from any and all loss: and,

WHEREAS, thereafter, on the day of November session, 1891, said Mahaska county, through its board of supervisors, and upon the assumption that the title to said tract was absolutely in said county, entered into a contract with one F. M. Rogers, to sell said tract to him on the payment of three hundred sixty dollars, ($360.) payable in payments of fifty dollars ($50.00) each, he to have five years to pay the same, with interest at the rate of eight per cent per annum: and.

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WHEREAS, said Mahaska county, Iowa, through its board of supervisors failed to execute and deliver to said F. M. Rogers a deed for said land: and, WHEREAS, F. M. Rogers and his wife, Rachel A. Rogers, on the 30th day of November, 1891, executed a note for the sum of three hundred sixty dollars ($360.00), and to secure said note, which was for the purchase price, executed, to Mahaska county, Iowa, a first mortgage on the said described property, to-wit: west half of the northeast quarter of the northwest quarter (w1⁄2 ne nw14) of section No. thirty five (35), township No. seventy five (75), range No. fourteen (14), west of the 5th P. M., Mahaska county, Iowa, said note being due November 30th, 1896, with interest thereon at the rate of eight [per cent] per annum, payable annually: and,

WHEREAS, said note and mortgage given by said F. M. Rogers, having been duly paid, with interest, for more than ten years, as shown by the records of the auditor of Mahaska county, Iowa: and,

WHEREAS, since last described mortgage to Mahaska county, the following goodfaith sale and conveyance of said premises has been made, viz: F. M. Rogers and his wife, Rachel A. Rogers, sold and conveyed the same to Charles Martin, who is the present owner in fee of said real estate: and,

WHEREAS, doubts have now arisen as to the legality of said sale and conveyance by the said sheriff of Mahaska county, and as to whether under the school fund laws of this state at that time, the title to said premises should not have been regarded as vesting in the county of Mahaska, state of Iowa, under said sheriff's deed, thereby necessitating a resale of said premises in the same manner as other school lands belonging to the state: Now therefore, in order to clear the apparent cloud resting upon said premises and the title thereto,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Patent. The governor of the state and the secretary of state are hereby authorized to issue to Charles Martin, upon investigation as to the facts set forth in the foregoing preamble, a patent for the west half of the northeast quarter of the northwest quarter (w1⁄2 ne14 nw14) of section thirty five (35), township seventy five (75), range fourteen (14) west of the 5th P. M., Mahaska county, Iowa.

Approved April 19 A. D. 1913.

CHAPTER 354.

ISSUANCE OF PATENT TO J. M. LAUGHLIN,

H. F. 336.

AN ACT authorizing the issue of a patent to the southeast quarter (s. e. 14) of the southeast quarter (s. e. 14) of section twenty-three (23), township sixty-seven (67), range twenty-three (23), west of the fifth P. M.

WHEREAS it appears that J. M. Laughlin is now the owner of the southeast quarter (s. e. 14) of the southeast quarter (s. e. 14) of section twentythree (23), township sixty-seven (67), range twenty-three (23), west of the fifth P. M., by purchase through an unbroken chain of title from Joseph D. Laughlin; and,

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 355

WHEREAS it also appears that the said Joseph D. Laughlin on or about the fifth day of October, 1854, purchased the said land from the state of lowa, the same being school land; and,

WHEREAS, it appears that the said J. M. Laughlin and his grantors have been in open, notorious, hostile and adverse possession of said premises under claim of right and title thereto for more than forty years last past, before the passage of this act, and

WHEREAS it appears that no certificate of purchase or patent to the said land has ever been issued to the said Joseph D. Laughlin or any other person; therefore,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Patent. That the governor and the secretary of state of Iowa are hereby authorized and directed to issue to the said J. M. Laughlin a patent for the southeast quarter (s. e. 14) of the southeast quarter (s. e. 14) of section twenty-three (23) township sixty-seven (67), range twenty-three (23), west of the fifth P. M. of Iowa.

SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and Wayne County Democrat, newspapers published in Des Moines, Iowa, and Corydon, Iowa, said publication to be without expense to the state. Approved March 29 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 3, 1913, and in the Wayne County Democrat April 10, 1913.

W. S. ALLEN. Secretary of State.

CHAPTER 355.

ISSUANCE OF PATENT TO T. F. M'CAFFERY.

S. F. 363.

AN ACT for the purpose of having a patent issued in the name of T. F. McCaffery for a certain tract of land.

WHEREAS, on the 13th day of June, 1891, one Finley Burke and wife Parthenia J. Burke, borrowed from the permanent school fund of Pottawattamie Co., Iowa, the sum of one thousand dollars ($1000.00) and to secure the payment thereof executed with his wife to Pottawattamie county, Iowa, for the benefit of the school fund of said county, a first mortgage upon block one (1) in Burke's addition to Council Bluffs, Iowa, securing a promissory note for said amount, due June 13th, 1896, with interest thereon at the rate of six per cent per annum payable annually; and

WHEREAS, said mortgagors, having defaulted in the payment of the interest on said loan, said mortgage was foreclosed as required by law in the district court of Iowa at Council Bluffs, by decree entered in equity case No. 14,035, on the 16th day of September, 1904; and

WHEREAS, thereafter all of said premises to-wit, block 1, in Burke's addition to the city of Council Bluffs, Iowa, were sold under execution issued on