Swift v. Mayor of Lithonia
Supreme Court of Georgia
Ejectment. Before Judge Hart. DeKalb superior court. August term, 1896. On May 21, 1892, an action of ejectment was brought against the Mayor and Town Council of Lithonia, to recover possession of a quarter of an acre of land which had been taken possession of and was being occupied by defendant as a street; it being a strip ranging from 20 to 32 feet in width and about 393 feet long, lying southwest of and adjoining the right of way of the Georgia Railroad Co., and being…
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Ejectment. Before Judge Hart. DeKalb superior court. August term, 1896. On May 21, 1892, an action of ejectment was brought against the Mayor and Town Council of Lithonia, to recover possession of a quarter of an acre of land which had been taken possession of and was being occupied by defendant as a street; it being a strip ranging from 20 to 32 feet in width and about 393 feet long, lying southwest of and adjoining the right of way of the Georgia Railroad Co., and being originally a part of a body of land owned by John N. Swift, who derived title in 1846 from the Georgia Railroad Co. The…
1Opinion of the CourtSimmons, C. J.
1. Where a dedication of his property to a public use is relied upon to defeat the claim of one holding ■the legal title to the property, the acts relied upon to establish such dedication must be such as clearly showed a purpose on the part of the owner to abandon his personal dominion over such property and to devote the same to a definite public use. “Intention to dedicate property to public use is esséntial to a dedication, but this may be proved by acts showing an assent that the property should be so used and enjoyed.” Collins v. Mayor etc. of Macon, 69 Ga. 642; Indianapolis v.…
2Cases cited12 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- City of San Francisco v. CanavanCalifornia Supreme Court · 1872
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Shellhouse v. StateIndiana Supreme Court · 1887
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3Cited by13 opinions
- City of Palmetto v. KatschSupreme Court of Florida · 1923
- Dunaway v. WindsorSupreme Court of Georgia · 1944
- Penick v. County of MorganSupreme Court of Georgia · 1908
- Adams v. Richmond CountySupreme Court of Georgia · 1941
- Ellis v. Mayor of HazlehurstSupreme Court of Georgia · 1912
8 more not listed; retrieve them via the Exa API.