Erwin v. Central Union Telephone Co.

*371On Petition for Eehearing.

Hackney, J.

The appellant insists that in connection with the allegations of his complaint we should have considered, from judicial notice, that,'pursuant to several early acts of the legislature, the property, lots and street in question were located, platted and dedicated in common and from a single tract by commissioners of the State, whose plats appear of record in the office of the Secretary of State.

Were we to accept judicial notice of the occurrences mentioned, they would be no stronger than an allegation that over sixty-five years ago the fee in the street…