City of Dubuque v. Maloney
Supreme Court of Iowa
Appeal from Dubuque District Court. The material facts are fully stated in the opinion of the court. I. Main street, the public squares and other streets of Dubuque, were laid off by the General Government. The lots alone were sold — the title in fee of the soil in the streets yet remains in the General Government.
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Appeal from Dubuque District Court. The material facts are fully stated in the opinion of the court. I. Main street, the public squares and other streets of Dubuque, were laid off by the General Government. The lots alone were sold — the title in fee of the soil in the streets yet remains in the General Government. See the acts of Congress, approved July 2, 1836, and March 3, 1837,-in the Code of 1851,- page 536-538. The City of Louisville v. The Bank of the United States, et'al, 3 B. Mon. 138-158; 2 Met. 147 — 151; 2 lb. 457-467; In the matter of Seventeenth Street, 1 Wend. 268; also 2 lb.…
1Opinion of the CourtStockton, J.
By virtue of the act of Congress, approved July 2d, 1836, (and the act amendatory thereto, approved March 3d, 1837,) entitled, “ an act for laying off the towns <?f Eort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Dubuque and Peru, in the county of Dubuque,” (see Code, p. 535,) the Government of the United States laid off 'the town of Dubuque into town lots, streets, avenues, public squares and out-lots, and sold the same to the occupiers thereof, entitled to the same by improvement and pre-emption, and to other purchasers.
The defendant became the…
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