City of Fort Wayne v. Shoaff

The first paragraph of the appellees’ complaint alleges that they are the owners in fee of lots situated in the City of Fort Wayne, abutting on a parcel of ground owned by the city, and known and designated as market space; that this space was dedicated to the city in June, *671837, for market purposes, and has since been used for market purposes; that it has not been used as a street, and is not a street or alley; that in April, 1883, the common council of the city passed a resolution, providing for the improvement of the space by macadamizing, and providing for the assessment of the cost of…