Cole v. Minnesota Loan & Trust Co.
North Dakota Supreme Court
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
- Archer v. Salinas CityCalifornia Supreme Court · 1892
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
- Abbott v. MillsSupreme Court of Vermont · 1831
- City of Pella v. ScholteSupreme Court of Iowa · 1868
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- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- First Church of Christ v. RevellSouth Dakota Supreme Court · 1942
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