Legal Opinion

Cole v. Minnesota Loan & Trust Co.

North Dakota Supreme Court

Decided June 19, 1908PublishedCited by 24 opinions

Appeal from District Court, Ward County; Cowan, J. Action by Percy M. Cole and others against the Minnesota Loan & Trust Company and others. Judgment for plaintiffs, and defendants appeal. Acts of dedication must be unequivocal. Harris’ Case, 20 Grat. 837; Holdaone v. Gold Spring, 21 N. Y. 474; Washburn on Easements, 180; 13 Cyc. 451; Milliken v. Denny, 53 S. E. 867. An agent, unless authorized, cannot dedicate to public use. 10 Cyc. 927; Stow v. Wise, 18 Am.

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Appeal from District Court, Ward County; Cowan, J. Action by Percy M. Cole and others against the Minnesota Loan & Trust Company and others. Judgment for plaintiffs, and defendants appeal. Acts of dedication must be unequivocal. Harris’ Case, 20 Grat. 837; Holdaone v. Gold Spring, 21 N. Y. 474; Washburn on Easements, 180; 13 Cyc. 451; Milliken v. Denny, 53 S. E. 867. An agent, unless authorized, cannot dedicate to public use. 10 Cyc. 927; Stow v. Wise, 18 Am. Dec. 99; Town v. Bland, 56 S. E. 804; Klug v. Jeffers, 85 N. Y. S. 423; Stacy v. Springs Co., 79 N. E. 133. • Intention to dedicate 'by…

1Opinion of the Court

■Fisk, J.

This litigation arose in the district court of Ward county, and the case is here for trial de novo. The appeal is from a judgment in plaintiff’s favor, adjudging that block 2 of the original town site of the village of Kenmare in said county is and shall ever remain a public square, park and common, and forever en*412joining defendants and their heirs and assigns from in any manner interfering with or ¡preventing the full, free, and unobstructed use by the public of said property as a public square or common, and also adjudging that plaintiffs recover their costs and disbursements of the…

2Cases cited15 opinions

  1. Archer v. Salinas CityCalifornia Supreme Court · 1892
  2. Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
  3. Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
  4. Abbott v. MillsSupreme Court of Vermont · 1831
  5. City of Pella v. ScholteSupreme Court of Iowa · 1868

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3Cited by24 opinions

  1. Cenac v. Public Access Water Rights Ass'nSupreme Court of Louisiana · 2003
  2. Putnam v. DickinsonNorth Dakota Supreme Court · 1966
  3. Ramstad v. CarrNorth Dakota Supreme Court · 1915
  4. Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
  5. First Church of Christ v. RevellSouth Dakota Supreme Court · 1942

19 more not listed; retrieve them via the Exa API.

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