Stacey v. Miller
Supreme Court of Missouri
APPEAL from Marion Circuit Court. I. A man may dedicate land to the public. To do this requires no died, nor any graptee. Thus, if he permits it to be used as a burying ground, or as a common highway, street or square. II. The dedication, requiring no deed, may be proved from circumstances.
Read the full summary
APPEAL from Marion Circuit Court. I. A man may dedicate land to the public. To do this requires no died, nor any graptee. Thus, if he permits it to be used as a burying ground, or as a common highway, street or square. II. The dedication, requiring no deed, may be proved from circumstances. Twenty years possession by tbepublie will establish a highway; but any acts, such as fencing out a highway, and general permission to use it as such, would he sufficient to establish the dedication; or any circumstances that would show the intention of the owner to release his right to the public. 3 Kent’s…
1Opinion of the CourtNapton, J.
This was an action of trespass for entering the plaintiff’s close and pulling down his fences. The defence was, that the locus in quo had been used by the public as a road since the firstfsettlement of the country. It seems that the plaintiffhad left a lane through his farm, and that this lane had been open to the public for fifteen years, when he concluded to fence it up. The defendant, who was a near neighbor, was by this subjected to the inconvenience of going round the plaintiff’s farm to get to his timber, by which his distance from his timber was increased a mile. Upon this state of…
2Cited by11 opinions
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- Brinck v. CollierSupreme Court of Missouri · 1874
- State v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1876
- A. C. Bohrnstedt Co. v. ScharenOregon Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.