Garden county further alleged that all along, prior to, and ever since the legislative act of 1895, Deuel county, within its inherent and statutory power, exercised jurisdiction and authority in all public matters over said strip of territory as a part of Deuel county, and continued so to do until Garden county was organized ; that since its organization, Garden county has continued to exercise such jurisdiction and authority, and does so at the present time ; that during all of this time, to the present, school, road and voing districts within said counties of Deuel and Garden, have embraced, and do embrace said strip ; that highways have been built, public schools established and maintained, elections held, justice administered, property assessed and the taxes collected and disbursed by Deuel and Garden counties; in all of which the residents and taxpayers have participated, and received the benefits and enjoyments thereof; without protest on their part or on the part of Arthur couny.

At the 1916 fall term of the district court of Garden county, Nebraska, Judge Hobart held that the range line between ranges 40 and 41 is the boundary between Arthur and Garden counties and dismissed Arthur county's petition.

Arthur county appealed the case to the supreme court of the state. Which court affirmed the decision of Judge Hobart and in the opinion filed November 17, 1916, and reported in the 100 Nebraska, page 324, decided the range line between ranges 40 and 41 to be the county boundary. Thus, the little "No Man's Land" which had been in dispute for fifty years, became permanently a part of Garden county.