Warren v. Mayor
Supreme Court of Iowa
Appeal from Clinton District Court. The plaintiff states in his petition that, in the year 1840, himself, Elijah Buell, and Beal Randall, being the owners in fee of the land where the city of Lyons now is, laid it out as a town; made a plat of the same which was recorded; that on the said plat was a dedication by them of a “ public square,” which was marked as such on said map, at the intersection of Fifth and Main streets.
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Appeal from Clinton District Court. The plaintiff states in his petition that, in the year 1840, himself, Elijah Buell, and Beal Randall, being the owners in fee of the land where the city of Lyons now is, laid it out as a town; made a plat of the same which was recorded; that on the said plat was a dedication by them of a “ public square,” which was marked as such on said map, at the intersection of Fifth and Main streets. That it was intended by them that such “ public square ” should be forever held by said town, in trust, for public use, as such square, and for no other purpose, in…
1Opinion of the CourtWright, J.
1. Dedication: public square: diversion. As will be seen by tlie statement, the power to subdivide, sell and dispose of the ‘‘public square ” by the city authorities, as contemplated by the ordinance, is claimed under the act of 1864 (ch. 127, p. 162) entitled “ An act to enable incorporated towns and cities to acquire, hold, improve and dispose of lands “for public squares, parks, commons and cemeteries.”
The first section of this act declares that incorporated towns or cities may purchase lands within or without their corporate limits for the public, as squares, parks, etc. The second…
2Cases cited9 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Haight v. City of KeokukSupreme Court of Iowa · 1856
- Godfrey v. City of AltonIllinois Supreme Court · 1850
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