City of Denver v. Jacobson

This action was brought by appellee against the city of Denver for an alleged trespass committed in tearing down a fence built by her upon a certain strip of land of which she claims ownership. The city justifies the trespass upon the ground that the strip of land in question had been dedicated by E. P. Jacobson, appellee’s husband, in his lifetime, as a street, such dedication being duly accepted by the municipal authorities, and that the fence was an unlawful obstruction thereto.

At the trial, the city gave in evidence certain declarations made by appellee’s husband in connection with proof…