Mayor of Macon v. Franklin
Supreme Court of Georgia
In Equity, in Bibb Superior Court. Tried before Judge Starke. May Term, 1852. This bill was filed to restrain the City authorities of Macon, from selling a certain lot of land in the City, which, it was alleged, had been perpetually set apart and dedicated to the use of the public, when the lots in that part of the City were originally surveyed and sold. A demurrer for want of equity, and because the dedication was not charged to have been in writing, was overruled.
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In Equity, in Bibb Superior Court. Tried before Judge Starke. May Term, 1852. This bill was filed to restrain the City authorities of Macon, from selling a certain lot of land in the City, which, it was alleged, had been perpetually set apart and dedicated to the use of the public, when the lots in that part of the City were originally surveyed and sold. A demurrer for want of equity, and because the dedication was not charged to have been in writing, was overruled. The complainant introduced from the records of the Council, the report of a committee made in 1846, who, in answer to an…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] I think that all doubts about the correctness of the ruling of the Court in this case, may be removed by. keeping steadily in view, the distinction between a license and a dedication to public use. It is true, as a general rule, that easements and all incorporeal hereditaments can be conveyed alone by deed. A license or liberty, attached to an estate in lands, therefore, cannot be conveyed to individuals but by deed, with the same formalities which are necessary to convey the freehold. If created by parol, the title remains in the grantor,…
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