John Mouat Lumber Co. v. City of Denver
Supreme Court of Colorado
Error to the District Court of Arapahoe County. This.suit was instituted by plaintiff in error, The John Mouat Lumber Company, a corporation, against the city of Denver, for the purpose of determining who had the better right to those portions of Twenty-Sixth and Twenty-Seventh streets between Blake street and the railroad grounds, as marked upon Case & Ebert’s addition to the city of Denver. See plat.
Read the full summary
Error to the District Court of Arapahoe County. This.suit was instituted by plaintiff in error, The John Mouat Lumber Company, a corporation, against the city of Denver, for the purpose of determining who had the better right to those portions of Twenty-Sixth and Twenty-Seventh streets between Blake street and the railroad grounds, as marked upon Case & Ebert’s addition to the city of Denver. See plat. In the district court plaintiff suffered a nonsuit at the conclusion of its testimony. To the judgment of nonsuit it duly excepted and brings the case here upon error. The facts are undisputed,…
1Opinion of the CourtChief Justice Hayt
There was no statutory dedication by the filing of the plat, for the reason that the first statute upon which a statutory dedication could be based, although adopted in January, 1868, did not go into effect until the first day of July, 1868, while
*4
*5the plat of the Case & Ebert addition to the city of Denver was filed on the 7th day of the intervening month of April. Revised Statutes of 1868, p. 619; 2 Dillon’s Mun. Corp., sec. 628; The City of Denver v. Clements, 3 Colo. 472.
It is equally clear, we think, that there was a common law dedication by the owner of the pieces of land in controversy,…
2Cases cited11 opinions
- Carter v. City of PortlandOregon Supreme Court · 1873
- Hawley v. Mayor of BaltimoreCourt of Appeals of Maryland · 1870
- People v. ReedCalifornia Supreme Court · 1889
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- City of Denver v. ClementsSupreme Court of Colorado · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Colorado Springs v. Colorado CitySupreme Court of Colorado · 1908
- Town of Fairplay v. Board of County CommissionersSupreme Court of Colorado · 1901
- Overland Machinery Co. v. AlpenfelsSupreme Court of Colorado · 1902
- Fortner v. Eldorado Springs Resort Co.Supreme Court of Colorado · 1924
- Watson v. City of AlbuquerqueNew Mexico Supreme Court · 1966
10 more not listed; retrieve them via the Exa API.