Davies v. Epstein
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Marcus L. Hawkins, Chancellor; STATEMENT BY THE COURT. This is a suit in equity brought by appellee, Sam Epstein, against appellant, Walter Davies, to restrain the latter from erecting a building on the sloping bank of Take Chicot, between the town of Fake Village, as laid out and platted, and the water’s edge.
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Appeal from Chicot Chancery Court; Marcus L. Hawkins, Chancellor; STATEMENT BY THE COURT. This is a suit in equity brought by appellee, Sam Epstein, against appellant, Walter Davies, to restrain the latter from erecting a building on the sloping bank of Take Chicot, between the town of Fake Village, as laid out and platted, and the water’s edge. The tract of land fronting on the lake (then known as Old River Fake) on which the town of Fake Village is-situated, was originally owned by John Summers who, on July 8, 1856, laid out and platted the town, caused the plat to be recorded, and…
1Opinion of the Court
McCulloh, J.,
(after stating the facts.) The primary question presented for our consideration is whether Summers, the original owner, dedicated to the public use all the land on the lake front east of the platted lots and blocks; for in no other way does the plaintiff claim any right to prevent the defendant from occupying the land on which he is about to build.
An owner of land, by laying- out a town upon it, platting it into blocks and lots, intersected by streets and alleys, and selling lots by reference to the plat, dedicates the streets and alleys to the public use, and such dedication is…
2Cases cited16 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Archer v. Salinas CityCalifornia Supreme Court · 1892
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Rhodes v. Town of BrightwoodIndiana Supreme Court · 1896
- Hanson v. EastmanSupreme Court of Minnesota · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Brickell v. Town of Fort LauderdaleSupreme Court of Florida · 1918
- Ark. State Highway Comm. v. O. & B. Inc.Supreme Court of Arkansas · 1957
- Mebane v. City of WynneSupreme Court of Arkansas · 1917
- Paragould v. LawsonSupreme Court of Arkansas · 1908
14 more not listed; retrieve them via the Exa API.