Miller v. Roy W. Heinrich & Co.

Plaintiff filed this suit for a declaratory judgment seeking to establish that a strip of land had become a public street by implied dedication. Plaintiff appeals from a decree in favor of the defendants.

The property involved in this case was owned by Florence Tongue Munger and other members of her family. In 1909 they had a survey conducted and the property platted for the purpose of selling lots. The proposed plat was not approved by the city or the county because of conflicts with another subdivision.

The plat included a street called Broadway which was 60 feet wide and approximately 400…