Freeman v. Lynch
Nebraska Supreme Court
Error from tbe district court for Gage county. Tbe case is stated in tbe opinion. Tbe defendants, county commissioners, claim tbe property as tbe property of Gage county, and under the pleadings tbe burden was on them to show that fact, but no evidence was introduced wbicb would' show a dedication of tbe blockto tbe public. A dedication of a block to public uses can only be made by tbe owner of tbe property.
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Error from tbe district court for Gage county. Tbe case is stated in tbe opinion. Tbe defendants, county commissioners, claim tbe property as tbe property of Gage county, and under the pleadings tbe burden was on them to show that fact, but no evidence was introduced wbicb would' show a dedication of tbe blockto tbe public. A dedication of a block to public uses can only be made by tbe owner of tbe property. Hoole v. Attorney General, 22 Ala., 190. Mayor v. Franklin, 12 Ga., 239. Tbe evidence fails to show who were the proprietors who dedicated this block to the public. True, the act of 1873…
1Opinion of the Court
Maxwell, Ch. J.
In the year 1857 the town of Beatrice was located on the public lands, and surveyed and platted. The site was entered in the year 1859, and the proprietors of the town reserved from sale, with the intention of dedicating to the county, a block on which to erect a court house. This block is not designated by number on the plat of the town, but is marked with a pair of scales, and appears to have been known as “ Court House Square.” No conveyance appears to have been made to the county of the block in question, and the county has not erected a court house or any other building…
2Cases cited16 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Prince v. CaseSupreme Court of Connecticut · 1835
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3Cited by10 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- World Publishing Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
- Joiner v. PoundNebraska Supreme Court · 1948
- Bankers Life Insurance v. OhrtNebraska Supreme Court · 1936
- T-V Transmission, Inc. v. County Board of EqualizationNebraska Supreme Court · 1983
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