Flaten v. Moorhead
Supreme Court of Minnesota
Appeal by plaintiff, O. E. Flaten, from an order of the District Court of Clay County, Mills, J., made April 20, 1892, refusing an injunction. On September 2, 1878, the Lake Superior and Puget Sound Company, a New York corporation, in consideration of one dollar, conveyed to the then Village of Moorhead, its successors and assigns, a piece of land situated near the center of the village.
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Appeal by plaintiff, O. E. Flaten, from an order of the District Court of Clay County, Mills, J., made April 20, 1892, refusing an injunction. On September 2, 1878, the Lake Superior and Puget Sound Company, a New York corporation, in consideration of one dollar, conveyed to the then Village of Moorhead, its successors and assigns, a piece of land situated near the center of the village. Immediately following the description of the premises conveyed were these words: “Said tract of land hereby conveyed to be forever held and used as a public park.” Otherwise the deed was an ordinary warranty…
1Opinion of the CourtCollins, J.
This plaintiff brought an action against defendant city, and parties with whom it had contracted, to restrain them from erecting a city prison upon a certain tract of land which he claimed had been dedicated to the public for use as a public park. In the amended complaint it was alleged that a former owner had made the .dedication by means of its deed of conveyance, a copy of the same being attached, and there were various allegations as to acts of the city amounting to an acceptance. The issues having been made, plaintiff obtained an order to show cause why an injunction pending the action…
2Cases cited8 opinions
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Clarke v. Inhabitants of the Town of BrookfieldSupreme Court of Missouri · 1884
- Board of Regents for Normal School District No. 3 v. PainterSupreme Court of Missouri · 1890
- Grueber v. LindenmeierSupreme Court of Minnesota · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Jones v. Van BochoveMichigan Supreme Court · 1894
- McLemore v. Charleston & Memphis RailroadTennessee Supreme Court · 1902
- Norton v. Duluth Transfer Railway Co.Supreme Court of Minnesota · 1915
- Moakley v. Los Angeles Pacific Railway Co.California Court of Appeal · 1934
26 more not listed; retrieve them via the Exa API.