City of Dubuque v. Fischer & Co.

Albert, J.-

— Separate actions were brought by the plaintiff against Fischer & Company, Incorporated, and the Fischer Investment Company. The actions were consolidated and are disposed of in this court as one case. The reason for the two suits was that the respective defendants owned different pieces of property involved in the litigation.

The historic background of this litigation is as follows: On July 2, 1836, the Congress of the United States enacted an act “laying out the town of Dubuque,” etc., which provided that the Surveyor General of Public Lands should make a survey and lay out the…