Elliott v. City of Louisville
Court of Appeals of Kentucky
Case 35. — ACTION BY SUE BROWNE ELLIOTT AGAINST THE CITY OF LOUISVILLE AND OTHERS TO RECOVER CERTAIN PROPERTY KNOWN AS “ELLIOTT PARK.” — Appeal from Jefferson Circuit Court, (Chancery Branch, 1st Division.) Shackelford Miller, Judge. Judgment for Defendants. Plaintiff appeals.
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Case 35. — ACTION BY SUE BROWNE ELLIOTT AGAINST THE CITY OF LOUISVILLE AND OTHERS TO RECOVER CERTAIN PROPERTY KNOWN AS “ELLIOTT PARK.” — Appeal from Jefferson Circuit Court, (Chancery Branch, 1st Division.) Shackelford Miller, Judge. Judgment for Defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The appellees have no equity. 2. The map did not dedicate park (Rowan v. Portland, 8 B. Mon, 236.) 3. Not a lot sold prior to contract of Oct. 1, 1868. 4. Analysis of contract. Elliott held the legal title but had not the right to possession. 5. Main consideration to him lost because city did…
1Opinion of the Court
Opinion by
Judge Settle.
Affirming.
In June, 1868, T. D. Elliott owned a tract of land west of and just beyond the then corporate limits of the city of Louisville. Having in view its sale, he laid it off into squares, lots, and streets and made a map thereof, which he caused to be recorded in the Jefferson county clerk’s office, thereby dedicating the streets to public use and indicating the squares and lots for sale; each square being numbered. Upon this map one square, situated near the center of the tract, was given the number 8 and designated. “Eliott Park.” Soon after the recording of the…
2Cases cited8 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Adams v. AdamsSupreme Court of the United States · 1874
- Curran v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- McAlpine v. Chicago Great Western Railway Co.Supreme Court of Kansas · 1904
- Peynado's Devisees v. Peynado'sCourt of Appeals of Kentucky · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976) · 1934
- Ellsworth College v. Emmet CountySupreme Court of Iowa · 1912
- Morris v. Avondale Heights CompanyCourt of Appeals of Kentucky (pre-1976) · 1926
- City of Henderson v. YeamanCourt of Appeals of Kentucky · 1916
- City of Paducah v. MalloryCourt of Appeals of Kentucky (pre-1976) · 1928
2 more not listed; retrieve them via the Exa API.