City of Lexington v. McQuillan's Heirs

The Chief Justice

delivered the Opinion of the Court.

This is an agreed case, between the city of Lexington and the heirs of Thomas McQuillan, deceased, exhibiting in substance the following facts:—

Under the supposed authority of the eleventh section of the statute incorporating the city, the municipal council having, in the year 1836, graded and McAdamised Main Cross street, from the intersection of High street to Maxwell street, and also reduced to a corresponding grade and paved the side walks—distributed the cost thereof among the owners of lots on each of the squares opposite to and…