Legal Opinion

Price v. Thompson

Supreme Court of Missouri

Decided August 15, 1871PublishedCited by 29 opinions

Appeal from Linn County Common Pleas Court. On the 27th day of May, 1869, appellants, as trustees of the town of Brookfield, passed an order extending Main street through a piece of ground which had been set apart on the plat of said town by .the donor as a park, and also ordering that part of said park on either side of said street, after the same had been opened, to be fenced.

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Appeal from Linn County Common Pleas Court. On the 27th day of May, 1869, appellants, as trustees of the town of Brookfield, passed an order extending Main street through a piece of ground which had been set apart on the plat of said town by .the donor as a park, and also ordering that part of said park on either side of said street, after the same had been opened, to be fenced. After said order was made, this proceeding was commenced by respondents, inhabitants and property-holders in said town, in the Linn County Court of Common Pleas, against the appellants, as trustees of said town, to…

1Opinion of the CourtWagneR, Judge

This is a petition for injunction. Plaintiffs state that the original owner of the land on which the town of Brookfield' is situated, laid off and recorded a plat thereof, and particularly set forth, marked and designated thereon four acres of land as a “ parkthat the fee to said park, by virtue of said plat, was vested in the town, in trust for the free use of all the inhabitants of the town as a common or public ground, and for no other purpose whatever; that the town inclosed the same with a good fence, gates, etc., and embellished the ground with trees, grasses and shrubbery for the…

2Cases cited2 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Abbott v. MillsSupreme Court of Vermont · 1831

3Cited by29 opinions

  1. Reichelderfer v. QuinnSupreme Court of the United States · 1932
  2. City of Chicago v. WardIllinois Supreme Court · 1897
  3. Snoddy v. BolenSupreme Court of Missouri · 1894
  4. Campbell v. City of KansasSupreme Court of Missouri · 1890
  5. Village of Riverside v. MacLainIllinois Supreme Court · 1904

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