Carson v. State

There is little if any conflict in the evidence. The plot of ground in dispute is located in the heart of Iowa City adjacent to its business district. Its history in this record goes back to March 3, 1839, when Congress appropriated a section of land for the seat of government of the Territory of Iowa, 5 U.S. Stat. at L., chapter 77, page 330. Thereafter the Territorial Legislature (""Council and House of Representatives"") designated commissioners to select the site and pursuant thereto they prepared and certified a plat on July 12, 1839, of Section 10, Township 79 North, Range 6, West of Fifth P.M., in Johnson County. The certificate recites ""all streets, alleys, squares, reservations and landings are as designated on the plat, are for the public use and are to remain as such."" The plot involved here is one of the areas designated ""park."" It is a square block bounded by Dubuque, Jefferson [240 Iowa Page 1180]