Burrows v. Guest
Utah Supreme Court
Appeal from a judgment of the District Court of the Third District and from an order refusing a new trial. The opinion states the facts. There is no statute prescribing the method of dedications to public uses, and the common law rule must be resorted to. By this rule no particular form of dedication or acceptance is necessary. A dedication does not rest upon prescription or supposed grant. It is solely a question of intention to dedicate, followed by acceptance.
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Appeal from a judgment of the District Court of the Third District and from an order refusing a new trial. The opinion states the facts. There is no statute prescribing the method of dedications to public uses, and the common law rule must be resorted to. By this rule no particular form of dedication or acceptance is necessary. A dedication does not rest upon prescription or supposed grant. It is solely a question of intention to dedicate, followed by acceptance. These facts may be proved by any acts or words of the owner manifesting this intention on his part, or by acts of the public…
1Opinion of the Court
Henderson, J.:
The complaint in this case alleges a trespass quare clausum, and describes the close as a strip of land forty-six rods east and west, by four rods north and south, and being the land between lot 10, block 40, and lot 1, block 33, of Ten-acre plat, Big Field survey, Salt Lake County, Utah Territory; and complains that the defendant entered thereon, and dug up, cut down, and destroyed fruit and shade trees and fruit-bearing bushes thereon growing, to the plaintiff’s damage, etc.
The defendant answered to this complaint that the premises, and all thereof, were, at the time of the…
2Cases cited5 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Irwin v. DixionSupreme Court of the United States · 1850
- Bumpus v. MillerMichigan Supreme Court · 1856
- Gould v. GlassNew York Supreme Court · 1855
- Daniels v. PeopleIllinois Supreme Court · 1859
3Cited by10 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- City of Butte v. MikosowitzMontana Supreme Court · 1909
- Meservey v. GullifordIdaho Supreme Court · 1908
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- Schettler v. LynchUtah Supreme Court · 1901
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