Moragne v. City of Gadsden
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Ejectment by Joe S. Moragne against the city of Gadsden, for a plot of ground alleged to have been dedicated to the city as a park or common. Judgment for defendant and plaintiff appeals. The plaintiff having shown a prima facie right to recover, the obligation passed to the defendant to carry the burden of showing the dedication or adverse possession. — Warrior R. 0. & Go-, v. Ala.
Read the full summary
Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Ejectment by Joe S. Moragne against the city of Gadsden, for a plot of ground alleged to have been dedicated to the city as a park or common. Judgment for defendant and plaintiff appeals. The plaintiff having shown a prima facie right to recover, the obligation passed to the defendant to carry the burden of showing the dedication or adverse possession. — Warrior R. 0. & Go-, v. Ala. St. L. Go., 154 Ala. 141. The court erred in giving the affirmative charge to the defendant as there was sufficient conflict in the evidence to…
1Opinion of the CourtMcCLELLAN, J.
Dedication of land to public use consists in the intentional donation thereof by the owner to some public object or purpose, and the acceptance therefor by the public. “It may be done verbally or in writing, by a single act or series of acts, if clear and unequivocal, as indicating the owner’s intention.”—Bessemer Land Co. v. Jenkins, 111 Ala. 135, 148, 18 South. 565, 568, 56 Am. St. Rep. 26; Forney v. Calhoun County, 84 Ala. 215, 4 South. 153; Steele v. Sullivan, 70 Ala. 589. The intent of the owner is a vital factor in determining dedication vel non.—East B’ham Realty Co. v. B’ham Machine &…
2Cases cited13 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Steele v. SullivanSupreme Court of Alabama · 1881
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Siegenthaler v. NewtonSupreme Court of Oklahoma · 1935
- Hall v. PolkSupreme Court of Alabama · 1978
- Rodgers v. Commercial Casualty Ins. Co.Supreme Court of Alabama · 1939
- City of Florence v. Florence Land & Lumber Co.Supreme Court of Alabama · 1920
9 more not listed; retrieve them via the Exa API.