Wertz v. City of Ottumwa

Appellants are the owners of real estate lying within the several tracts of land involved in this case. The city council of appellee city, without any notice, was about to adopt certain resolutions annexing certain tracts of land, including the real estate of appellants, to the city of Ottumwa, when this action for injunction was instituted. The said city was pro-ceeding to act under the provisions of Section 5614, Code of 1924, which is as follows:

“In case any territory adjoining any city or town has been platted into tracts of less than ten acres and has been substantially built up and the…