Alves' Executors v. Town of Henderson
Court of Appeals of Kentucky
APPEAL FROM HENDERSON CIRCUIT. Tbe facts of the case are stated in the opinion of' the Court. Rep. In presenting our view of" the law of the case, the counsel admit, that by the ordinance of J79-7 there was a valid dedication to public uses, so far as the parties signing the ordinance had title. It is conceived, however, that this dedication was to the local public of Henderson, in which the general public had no vested interest.
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APPEAL FROM HENDERSON CIRCUIT. Tbe facts of the case are stated in the opinion of' the Court. Rep. In presenting our view of" the law of the case, the counsel admit, that by the ordinance of J79-7 there was a valid dedication to public uses, so far as the parties signing the ordinance had title. It is conceived, however, that this dedication was to the local public of Henderson, in which the general public had no vested interest. In the case of McQuillin's heirs vs. City of Lexington, 9 Dana, the doctrine is recognized that the commonwealth is, in legal contemplation, sub-divided into…
1Opinion of the CourtChief Justice Marshall
James Alves, claiming to own and to have been for more than twenty years in possession of the land between the Ohio river and Water street, (reduced,) in the town of Henderson, except the cross streets running to the river, filed his bill in 1850, to enjoin Vanzant from continuing to excavate and remove the earth on a portion of that land near the river, .which he claimed to be doing under the authority of the trustees, who having been brought before the court by Vanzant, made their answer a cross bill against the complainant, asserted the right of the town in the entire slip between the…
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