City of Fort Smith v. McKibbin
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. Hon. J. F. Read, Special Judge. 1. The doctrine of non-user does not apply. 2. The city by virtue of the dedication held the right in and to said alley in trust for the public and the statute of limitation does not apply. 3. The alley is an outlet and means of egress and ingress to and from public streets ; the fee of the same never having been conveyed to the adjoining lot owners, but having been dedicated to public use, and…
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APPEAL from Sebastian Circuit Court in Chancery. Hon. J. F. Read, Special Judge. 1. The doctrine of non-user does not apply. 2. The city by virtue of the dedication held the right in and to said alley in trust for the public and the statute of limitation does not apply. 3. The alley is an outlet and means of egress and ingress to and from public streets ; the fee of the same never having been conveyed to the adjoining lot owners, but having been dedicated to public use, and the lots conveyed with reference to the map and dedication to the city for public purposes, the same is a public alley…
1Opinion of the CourtEakin, J.
Mary McKibbin, the owner of a half block of land in Ft. Smith, which she occupied in solido as a residence under enclosures, applied in chancery and obtained a perpetual injunction upon the city authorities, restraining them from proceeding to open an ally through the premises.
The city claimed the alley as having been dedicated to public uses, and as being already subject to its control, and was about to proceed to remove the obstructions. Although the terms of the injunction were general, the decree was not intended, and will not have the effect, to preclude the city from hereafter opening…
2Cases cited3 opinions
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Dudley v. Trustees of FrankfortCourt of Appeals of Kentucky · 1851
3Cited by26 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- Hicks v. FlanaganCourt of Appeals of Arkansas · 1990
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
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