Mason v. State

I concur in the majority opinion. I believe that the word “accepting” found in U.C.A., 1943, § 36-1-7 has a special and limited meaning as used there and has nothing to do with the acceptance of warranty deeds.

“Accepting” as used there means acceptance by the public of a common law dedication for a highway made by the owner of the fee. Acceptance is a necessary element of dedication. This is well explained in 26 C.J.S., Dedication, § 34(a) (1956) at 459, where it is written:

A dedication at common law, like a contract, consists of an offer and acceptance; and subject to some exceptions…