Harden v. Metz

The opinion of the court was delivered by

Milton, J.:

In July, 1887, the plaintiff in error and one Henry Foster were the owners of certain real estate in Montgomery county, and, together with one N. H. Duncan, who owned an adjacent tract, platted a portion of such lands as a town site, under the name of Larimer, and duly and formally acknowledged the execution of such plat and caused the same to be duly *342recorded in the office of the register of deeds. On the plat was a written statement to the effect that the streets and alleys indicated thereon were “ dedicated” to public use. Larimer became…