OpenJurist

145 US 519 State of Nebraska v. State of Iowa

145 U.S. 519

12 S.Ct. 976

36 L.Ed. 798

STATE OF NEBRASKA
v.
STATE OF IOWA.

May 16, 1892.

J. N. Woolworth, for the State of Nebraska.

J. Y. Stone, Atty. Gen., J. J. Stewart, and Smith MePherson, for the State of Iowa.

1

DECREE.

2

This cause came on to be heard upon the pleadings and proofs and was argued by counsel, and thereupon, the parties having agreed upon a designation of the boundary in accordance with the principles set forth in the opinion of this court, filed on February 29, 1892, it is ordered, adjudged, and decreed as follows:

3

That the boundary between the state of Nebraska and the state of Iowa, between the north line of sections 22 and 23, in township 75 N., of range 44 W. of the fifth principal meridian, according to the surveys of the public lands in the state of Iowa, and the middle, east, and west lines of section 28 in said township and range, is, and is hereby established, in the middle of the main channel in the Missouri river, save and excepting the part of the said boundary described as follows:

4

Commencing at a point on the south line of section 20, in township 75 N., range 44 W. of the fifth principal meridian, produced 861 1/2 feet west of the S. E. corner of said section, and running thence northwesterly to a point on the south line of lot 4 of section 10, in township 15 N., of range 13 E. of the sixth principal meridian, 2,275 feet east of the S. W. corner of the N. W. 1/4 of the S. E. 1/4 of said section 10; thence northerly, to a point on the north line of lot 4 aforesaid, 2,068 feet east of the center line of said section 10; thence north, to a point on the north line of section 10, 2,068 feet east of the quarter section corner on the north line of said section 10; thence northerly, to a point 312 feet west of the S. E. corner of lot 1, in section 3, township 15 N., range 13 E., aforesaid; thence northerly, to a point on the section line between sections 2 and 3, 358 feet south of the quarter section corner on said line; thence northeasterly, to the center of the S. E. 1/4 of the N. W. 1/4 of section 2 aforesaid; thence east, to the center of the W. 1/2 of lot 5, otherwise described as the S. W. 1/4 of the N. W. 1/4 of section 1, in township 15, range 13, aforesaid; thence southeasterly, to a point on the south line of lot 5 aforesaid, 1,540 feet west of the center of section 1, last aforesaid; thence south 2,050 feet, to a point 1,540 feet west of the north and south open line through said section 1; thence southwesterly, to the S. W. corner of the N. E. 1/4 of the S. W. 1/4 of section 21, in township 75 N., range 44 W. of the fifth principal meridian; thence southeasterly, to a point 660 feet south of the N. E. corner of the N. W. 1/4 of the N. E. 1/4 of section 28, in township 75 N., range 44 W., aforesaid; and said line produced to the center of the channel of the Missouri river.

5

Commencing again at the point of beginning first named, namely, a point on the south line of section 20, in township 75 N., range 44 W. of the fifth principal meridian, produced 861 1/2 feet west of S. E. corner of said section, and running thence southeasterly to a point 660 feet east of the S. W. corner of the N. W. 1/4 of the N. W. 1/4 of section 28, in township 75 N., range 44 W. of the fifth principal meridian, and said line produced to the center of the channel of the Missouri river.

6

The territory lying on the west of said line from the point last aforesaid to the section line between sections 2 and 3, in township 15 N., range 13 E. of the sixth principal meridian, according to the government surveys in Nebraska, and also the territory lying north of the above-described line, to where it intersects the middle, east, and west line of section 1, in said township and range, and the territory lying east of the above-described line from the point last aforesaid to the Missouri, are in the state of Nebraska, and the lands included between and within the above-described line are in the state of Iowa.

7

It is further ordered that the costs of this suit be paid by the parties equally. So ordered.