Mebane v. City of Wynne
Supreme Court of Arkansas
Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. Neither the town nor city of Wynne made any claim from the filing of the plat until this suit, more' than twenty-one years. Nor did either occupy it or use it. The fact of dedication depends upon the intention of the owner to dedicate the land to the puhlie. There is no evidence that the owner knew the plat was filed, or that it was filed by his authority.
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Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. Neither the town nor city of Wynne made any claim from the filing of the plat until this suit, more' than twenty-one years. Nor did either occupy it or use it. The fact of dedication depends upon the intention of the owner to dedicate the land to the puhlie. There is no evidence that the owner knew the plat was filed, or that it was filed by his authority. No intention to dedicate was shown nor that he sold any lots around “Franklin Square.” All the facts show there was no dedication to the public. 91 Ark. 350; 123 Id.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the city of Wynne,, an incorporated city of the second class, against the defendant, J. C. Mebane, to recover possession of a block of land in that city alleged to have been dedicated to public use, and also a portion of a public street alleged to have been so dedicated and now in the possession of the defendant. There was a trial of the cause before a jury, which resulted in a verdict and judgment in favor of the plaintiff, from which the defendant has prosecuted an appeal to this court.
The parties claim title from a common source and the question at issue is…
2Cases cited11 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Lewis v. City of PortlandOregon Supreme Court · 1893
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Brewer v. Pine BluffSupreme Court of Arkansas · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lee v. WalkerSupreme Court of North Carolina · 1952
- Ark. State Highway Comm. v. O. & B. Inc.Supreme Court of Arkansas · 1957
- Merritt Mercantile Company v. NelmsSupreme Court of Arkansas · 1925
- Porter v. City of StuttgartSupreme Court of Arkansas · 1918
- Fordyce v. HamptonSupreme Court of Arkansas · 1929
13 more not listed; retrieve them via the Exa API.