Stanford v. Brooks

MASSEY, Chief Justice.

Travis Stanford and W. B. Brooks et al. were real property owners, their properties lying within a city residential subdivision platted and dedicated of record as in the usual and customary case. There are two important elements regarding the time and the act of the dedication, they being: (1) ownership in fee by the dedicator without restriction of all the land subdivided, and (2) certain provisions in the dedication reserving unto the dedicator (and to his assigns or grantees thereof) the right to waive certain restrictions of the dedication. One of the restrictive…