Parsons v. Trustees of the Atlanta University
Supreme Court of Georgia
Streets in cities. Dedication. Injunctions. . Tried Before Judge Hopkins. Fulton county. Chambers. September, 1871. Richard Parsons and ten others filed a bill against the trustees of the Atlanta University, making the following averments : Complainants are citizens of Atlanta, residing on and owning lots on West Mitchell street. They complain for themselves and other citizens and property owners on said street, and for the citizens of Atlanta generally.
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Streets in cities. Dedication. Injunctions. . Tried Before Judge Hopkins. Fulton county. Chambers. September, 1871. Richard Parsons and ten others filed a bill against the trustees of the Atlanta University, making the following averments : Complainants are citizens of Atlanta, residing on and owning lots on West Mitchell street. They complain for themselves and other citizens and property owners on said street, and for the citizens of Atlanta generally. The defendant is an elemosenary corporation, located in said county. Its trustees own parts of land lots numbers eighty-fonr and one hundred…
1Opinion of the Court
McCay, Judge.
1. There is no question, but that there may be a dedication of land to the public for public use, and that this dedication need not be by deed or writing: 6 Peters, 431, 440; 12 Ga. R., 239; 2 Greenleaf’s Ev., sec. 662.
In all such cases, however, there must be an acceptance of the dedication by the public in some form. It may be that the public do not need such a street or highway ; it may be an inconvenience and a burden instead of a benefit: The State vs. Trask. 6 Vermont R., sec. 355. Marquis of Stafford vs. Cazney, 7 B. & C., 257 ; 12 Ga. R., 239.
Especially is this true if…
2Cases cited1 opinion
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
3Cited by32 opinions
- Healey v. City of AtlantaSupreme Court of Georgia · 1906
- Johnson v. StateCourt of Appeals of Georgia · 1907
- Haslerig v. WatsonSupreme Court of Georgia · 1949
- Penick v. County of MorganSupreme Court of Georgia · 1908
- Owens Hardware Co. v. WaltersSupreme Court of Georgia · 1954
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