Price v. Inhabitants of Breckenridge
Supreme Court of Missouri
Appeal from QaldweTl Circuit Court. — Hon. John A. Cross, Judge (1) There was no evidence of any statutory dedication, or conveyances of any kind, to Caldwell county, hence a common-law dedication is all that could be claimed, and to constitute such a dedication of private property to public use, two things are necessary: (a) There must be a plain and unequivocal intention, on the part of the owner, to appropriate the property to public use.
Read the full summary
Appeal from QaldweTl Circuit Court. — Hon. John A. Cross, Judge (1) There was no evidence of any statutory dedication, or conveyances of any kind, to Caldwell county, hence a common-law dedication is all that could be claimed, and to constitute such a dedication of private property to public use, two things are necessary: (a) There must be a plain and unequivocal intention, on the part of the owner, to appropriate the property to public use. (5) There must be an acceptance on the part of the public, acting through its authorized agents or officers. St. Louis v. University, 88 Mo. 155; State…
1Opinion of the CourtNorton, C. J.
This suit is by ejectment to recover block 15, in the town of Breckenridge. The answer, besides being a general denial, sets up the statute of limitations ; a dedication by the original owners of said block as a public square, by which the title was vested in Caldwell county for defendant, and als© sets up that plaintiffs were estopped from denying that said block had been dedicated to the public as a public square, by reason of representations, made by the^owners of the town *383site, that said block was a public square, whereby purchasers of lots were induced to pay more for them than they…
2Cases cited8 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Cook v. . HarrisNew York Court of Appeals · 1875
- White v. SmithMichigan Supreme Court · 1877
- State v. WaltersSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
- Missouri Pacific Railway Co. v. FoxNebraska Supreme Court · 1900
- State v. ReevesSupreme Court of Missouri · 1888
- National Loan & Investment Co. v. Rockland Co.Court of Appeals for the Eighth Circuit · 1899
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
15 more not listed; retrieve them via the Exa API.