Franklin v. Mayor of Macon
Supreme Court of Georgia
In Equity, in Bibb Superior Court.- Tried before Judge Starke. May Term, 1852. This was a case very similar to the preceding, being a bill to restrain the City Council from selling another lot, alleged to be public property, under the same state of facts, as in the former case.
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In Equity, in Bibb Superior Court.- Tried before Judge Starke. May Term, 1852. This was a case very similar to the preceding, being a bill to restrain the City Council from selling another lot, alleged to be public property, under the same state of facts, as in the former case. Among other testimony, the complainant introduced the answers of Isaac B. Rowland, who stated that he had been several times a member of Council, though he could not recollect exactly tire-years; that h.e knew the lot in dispute, and that “ the impression resting on hi§ mind was, that it was to remain a perpetual…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This bill is filed by Marcus A. Franklin, in behalf of himself and others, to restrain the Mayor and Aldermen of the City of Macon, from selling a small lot of ground in the rear of the residence of the complainant, Franklin, and contiguous to his *259property, for the reason that the same had been dedicated many years previously by the city authorities, as an open square for the public use.
[1.3 Amongst other testimony, the depositions of Isaac B. Rowland and Jerry Cowles, were offered in evidence, to prove the dedication. The former testified that…
2Cases cited4 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Pearsall v. PostNew York Supreme Court · 1838
- McConnell v. Trustees of Town of LexingtonSupreme Court of the United States · 1827
3Cited by18 opinions
- Mills v. StateCourt of Appeals of Georgia · 1944
- Thompson v. DavitteSupreme Court of Georgia · 1877
- Marshall v. PierceSupreme Court of Georgia · 1911
- Simmons Company v. HardinCourt of Appeals of Georgia · 1947
- Atlanta Metallic Casket Co. v. HollingsworthCourt of Appeals of Georgia · 1963
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