Legal Opinion

City of Florence v. Florence Land & Lumber Co.

Supreme Court of Alabama

Decided April 8, 1920No. 8 Div. 222PublishedCited by 15 opinions

Appeal from' Circuit Court, Lauderdale County; C. P. Almon, Judge. Bill' by the City of Florence against the Florence Land & Lumber Company and another to enjoin the destruction of Monumental Park, alleged to have been dedicated to a public use.

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Appeal from' Circuit Court, Lauderdale County; C. P. Almon, Judge. Bill' by the City of Florence against the Florence Land & Lumber Company and another to enjoin the destruction of Monumental Park, alleged to have been dedicated to a public use. From a decree for respondents, complainant "appeals. • See former reports of this case in' 199 Ala. 580, 75 South. 20, and 193 Ala. 179, 69 South. 109. There was a common-law dedication under the evidence and allegations of the ’ bill; ¡ 4 McQuillin, Mun. Corp. p. 3234; 70 Ala.' 594; 93 Cal. 43, 28 Pac. 839, 16 L. R. A. 147; 172 Ala. 56, 55 South.…

1Opinion of the CourtMcCLELLAN, J.

The ultimate object of this bill is to have determined whether a-plot of land in Florence, Ala., commonly called Monumental Park, was dedicated, in 1887-88, to the public use by the Florence Land, Mining & Manufacturing Company, a corporation then owning this tract, with other adjacent lands, and to the title to which the Florence Land Company, the appellee, has succeeded, if its dedication was not effected.

[1] The burden to establish a dedication to public use is on the party asserting it, and to establish a dedication the “clearest intention” on the part of the owner to effect a dedication…

2Cases cited8 opinions

  1. Webb v. City of DemopolisSupreme Court of Alabama · 1891
  2. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
  3. East Birmingham Realty Co. v. Birmingham Machine & Foundry Co.Supreme Court of Alabama · 1909
  4. Highland Realty Co. v. Avondale Land Co.Supreme Court of Alabama · 1911
  5. Morrow v. Highland Grove Traction Co.Supreme Court of Pennsylvania · 1908

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3Cited by15 opinions

  1. Frye v. King CountyWashington Supreme Court · 1929
  2. Smith v. City of DothanSupreme Court of Alabama · 1924
  3. County of Yuma v. LeidendekerArizona Supreme Court · 1956
  4. Blair v. FullmerSupreme Court of Alabama · 1991
  5. Ft. Payne Co. v. City of Ft. PayneSupreme Court of Alabama · 1927

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