Bayard v. Hargrove
Supreme Court of Georgia
Streets. Dedication. Before Judge Parrott. Floyd Superior Court. July, 1871. This was ejectment by Doe upon the demise of the heirs-at-law of Z. B. Hargrove, against Roe, casual ejector, and said Bayard and another, tenants in possession, for the one-half undivided interest in a strip of land thirty-three feet wide, in Oostanaula street, Rome, Georgia. The defenses were the general issue and prescription.
Read the full summary
Streets. Dedication. Before Judge Parrott. Floyd Superior Court. July, 1871. This was ejectment by Doe upon the demise of the heirs-at-law of Z. B. Hargrove, against Roe, casual ejector, and said Bayard and another, tenants in possession, for the one-half undivided interest in a strip of land thirty-three feet wide, in Oostanaula street, Rome, Georgia. The defenses were the general issue and prescription. Plaintiff traced title from the State into his lessors to the lot of land containing the premises in dispute, proved the possession by the defendants, and the annual value of the premises…
1Opinion of the Court
McCay, Judge.
In the view we take of this case a great deal of the very learned and elaborate argument of counsel upon both sides is upon points which, though very material in one aspect of it, are yet unimportant in the determination, as we are of the opinion that the proprietors of this land, when they laid off the town, by lots, streets, lanes, etc., and sold the lots, parted with all *350their rights over the streets, except so far as they or their children are part of the public.
It is, without doubt, true that the original owner of the soil retains the fee in himself when the public, in the…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
3Cited by30 opinions
- Tietjen v. MeldrimSupreme Court of Georgia · 1930
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Ford v. HarrisSupreme Court of Georgia · 1894
- Brown v. City of East PointSupreme Court of Georgia · 1918
- Kirchen v. RemengaMichigan Supreme Court · 1939
25 more not listed; retrieve them via the Exa API.