Thorpe v. Clanton
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. The facts are stated in the opinion.
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APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. The facts are stated in the opinion. There being no statutory dedication, and no acceptance for and in behalf of the public, and there being no actual user of the streets and alleys so laid out running through defendant’s land, the only dedication that can be asserted is that which can be inferred from the fact of reference to such map in the conveyances. 24 Am. & Eng. Ency. of Law, 4th and 5th eds.; Maywood Go. v. Village of Maywood, 118 111. 61, 6 N. E. 866;…
1Opinion of the CourtSloan, J.
T. N. Clanton and five other persons, owners-of lots in a townsite known as Sidney, situated in Maricopa County, brought suit in the district court of said county against James R. Thorpe, the owner of certain lots in said townsite, to obtain a permanent injunction restraining Thorpe-from fencing in his said lots so as to close up certain streets and alleys shown on the map of said townsite, which streets- and alleys are alleged by them in their complaint to have been dedicated to public use. Thorpe, in his answer, admitted that he had fenced in and closed said streets and alleys, but pleaded…
2Cases cited9 opinions
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- Hughes v. Clark.Supreme Court of North Carolina · 1904
- In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886
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