Brewer v. Pine Bluff
Supreme Court of Arkansas
Appeal fr.om Jefferson Chancery Court; John M. Elliott, Chancellor; 1. There must be an intent to appropriate the land to public use, and if the intent of the owner is absent there is no dedication. 63 Ark. 5; 56 Md. 187; 9 How. 10; x R. I. 93; 59 Ark. 26; Dill. Mun. Corp. 631. The owner cannot convert his land into a public highway without the consent of the public, nor can the public dedicate it before he has in sdme way clearly assented to the dedication. 9 How.
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Appeal fr.om Jefferson Chancery Court; John M. Elliott, Chancellor; 1. There must be an intent to appropriate the land to public use, and if the intent of the owner is absent there is no dedication. 63 Ark. 5; 56 Md. 187; 9 How. 10; x R. I. 93; 59 Ark. 26; Dill. Mun. Corp. 631. The owner cannot convert his land into a public highway without the consent of the public, nor can the public dedicate it before he has in sdme way clearly assented to the dedication. 9 How. (U. S.), 30; 45 Md. 524; 70 Ala. 593; 9 Wis. 240. See, also, Elliott on Roads and Streets, 92; 13 Cyc. 452; lb. 474. 2. If there…
1Opinion of the CourtRiddick, J.
_ This is an action by W. F. Brewer to enjoin .the city of Pine Bluff, the mayor and chief of police of that city from entering upon and removing a fence across a strip of ground claimed by Brewer as -his property, but which the city alleges is a public street.
The facts, briefly -stated, are that one Morris, who owned this land as a part of a larger tract in 1884, caused the tract to be laid off into lots and streets as an addition to the city of Pine Bluff, and recorded the plat of the same. This particular piece of land is shown on this recorded plat as a street, a more definite idea of…
2Cases cited2 opinions
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
- Waring v. City of Little RockSupreme Court of Arkansas · 1896
3Cited by19 opinions
- Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Flake v. Thompson, Inc.Supreme Court of Arkansas · 1970
- Frauenthal v. SlatenSupreme Court of Arkansas · 1909
- Mebane v. City of WynneSupreme Court of Arkansas · 1917
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