Leland University v. City of New Orleans
Supreme Court of Louisiana
PPEAL from Civil District Court, Parish of Orleans. ■ Monroe, J. To render a dedication to public use binding, it is necessary not only that there be some act'of dedication on the part of the owner, but there must also be something equivalent to an acceptance on the patt of the public.
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PPEAL from Civil District Court, Parish of Orleans. ■ Monroe, J. To render a dedication to public use binding, it is necessary not only that there be some act'of dedication on the part of the owner, but there must also be something equivalent to an acceptance on the patt of the public. The concurrence of two parties is necessary to pass the right. 14 La. 173; 19 La. 62; 10 R. 357; 11 R. 294; 3 An. 282; 7 An. 233; 10 An. 81. Where the boundaries are given in the deed, it is a sale per aver-sionem, and the quantity will be disregarded; the words “extending to” are not essential. C. C. 854,…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The land in controversy is claimed by the plaintiff to be property in private ownership, to the use, possession and occu*102pancy of which it is entitled; while the contention of the defendant is that it has been dedicated to public use, and is a street, a public thing. Revised Civil Code, 454. That the property which was purchased by the plaintiff, as indicated by the titles referred to in its petition, never included the strip of land involved in this litigation; but that, having been previously dedicated to public use, it was not susceptible…
2Cases cited3 opinions
- Carrollton Rail Road v. Municipality No. 2Supreme Court of Louisiana · 1841
- Linton v. GuillotteSupreme Court of Louisiana · 1845
- Guillotte v. TobySupreme Court of Louisiana · 1845
3Cited by6 opinions
- Garrett v. Pioneer Production Corp.Supreme Court of Louisiana · 1980
- Faunce v. City of New OrleansLouisiana Court of Appeal · 1933
- Esposito v. GaudetLouisiana Court of Appeal · 1942
- Kemp v. Town of IndependenceLouisiana Court of Appeal · 1934
- State ex rel. Ditch v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1903
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