Babin v. City of Ashland

The questions to be determined on this appeal.are (1) whether the city has legal title to the east 22 feet of the property which it agreed to convey to plaintiff and (2), if so, whether the city has power to sell that part of that real estate.

A casual reading of the provisions of Sections 6 and 8 of the Act of 1831 might indicate some inconsistency between them. For example, section 6 vested the fee “in the city or town corporate” whereas section 8 vested that fee “in the county in which the town is situated.” However, a reading of the act as a whole in an effort to find some reason for these…