Forney v. Calhoun County
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. S. K. McSpadden. The bill filed in this cause was to enjoin an action of ejectment by John H. Forney brought for certain interest inland dedicated by him to the county of Calhoun as a site for a court house. Demurrer to the bill and motion to dissolve the injunction were overruled. Decree was rendered for the complainant, county of Calhoun, and defendant appealed.
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Appeal from Calhoun Chancery Court. Heard before Hon. S. K. McSpadden. The bill filed in this cause was to enjoin an action of ejectment by John H. Forney brought for certain interest inland dedicated by him to the county of Calhoun as a site for a court house. Demurrer to the bill and motion to dissolve the injunction were overruled. Decree was rendered for the complainant, county of Calhoun, and defendant appealed. The bill alleges complainant in possession of the lot and that respondent owned one-seventh interest in it. Possession is prima facie evidence of title in the complainant to all…
1Opinion of the CourtSomebyille, J.
A dedication of land may be defined tó be an act by which the owner of the fee appropriates to some public use an easement in the land.
This may be done by writing, or it may be done verbally— without any writing. It may be express, or it may be implied. It may be by a single act, or by a series of acts properly indicative of the owner’s intention.
The act of dedication, especially if verbal and single, must be clear and unequivocal, and satisfactorily proved. The most frequent mode of proving the intention to dedicate is by the declarations of the owner. A single clear and unequivocal…
2Cases cited15 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Steele v. SullivanSupreme Court of Alabama · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Marsh v. AlabamaSupreme Court of the United States · 1946
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Sims v. RigginsSupreme Court of Alabama · 1917
- Woodward v. StateSupreme Court of Alabama · 1911
21 more not listed; retrieve them via the Exa API.