Village of White Bear v. Stewart
Supreme Court of Minnesota
Plaintiff, in June, 1887, brought this action in the district court for Ramsey county, to determine the adverse claim of defendant to a block of ground within plaintiff’s corporate limits, alleged by plaintiff to have been dedicated to public use as a park by Dr. Jacob H. Stewart, deceased, in July, 1871. The defendant in her answer denied the alleged dedication, and averred that Dr. Stewart died seized in fee of the premises in 1884, and that in the distribution of his…
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Plaintiff, in June, 1887, brought this action in the district court for Ramsey county, to determine the adverse claim of defendant to a block of ground within plaintiff’s corporate limits, alleged by plaintiff to have been dedicated to public use as a park by Dr. Jacob H. Stewart, deceased, in July, 1871. The defendant in her answer denied the alleged dedication, and averred that Dr. Stewart died seized in fee of the premises in 1884, and that in the distribution of his estate they were duly assigned to defendant as his widow, and that she is the absolute owner in fee. The plat of the…
1Opinion of the CourtCollins, J.
Two leading questions are presented by this appeal: First. Upon the filing of the plat of the town-site of White Bear, *285was there a statutory dedication for public use of the block of land in dispute, and now claimed as a park ? Second. If not, has there since been a common-law dedication of the premises to the public ?
It is beyond question, from the testimony, that, when the surveyor employed by Dr. Stewart to survey and lay out the town-site made the plat thereof, he placed the word “Park” on each of four blocks, three (not in controversy) in line, and bordering on the lake; the fourth, now…
2Cases cited7 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Noyes v. WardSupreme Court of Connecticut · 1848
- City of Logansport v. DunnIndiana Supreme Court · 1856
- City of Detroit v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1871
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3Cited by7 opinions
- Keiter v. BergeSupreme Court of Minnesota · 1945
- Carpenter v. GantzerSupreme Court of Minnesota · 1925
- Security Federal Savings & Loan Ass'n v. C & C Investments, Inc.Court of Appeals of Minnesota · 1989
- John A. Stees Co. v. ReinhardtSupreme Court of Minnesota · 1919
- Kelly v. West Seattle Land & Improvement Co.Washington Supreme Court · 1892
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