City of Covington v. McDonald
Court of Appeals of Kentucky
Case 1 — PETITION ORDINARY — •The evidence is sufficient to show a dedication of the land in controversy as a public street. (Section 2, page 6, of city charter; E. & P. R. Co. v. Thompson, 79 Ky.; Southgate, &c„ v. Regenthal, MS. Op., February 11, 1886; Gen. Stats.-, chap. 71, p. 637; Dillon Mun. Oorp., secs. 636, 638, 640, 642V) ' 1. There has been no dedication of the land in controversy.
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Case 1 — PETITION ORDINARY — •The evidence is sufficient to show a dedication of the land in controversy as a public street. (Section 2, page 6, of city charter; E. & P. R. Co. v. Thompson, 79 Ky.; Southgate, &c„ v. Regenthal, MS. Op., February 11, 1886; Gen. Stats.-, chap. 71, p. 637; Dillon Mun. Oorp., secs. 636, 638, 640, 642V) ' 1. There has been no dedication of the land in controversy. There must be not only an intention to dedicate, but an acceptance of the dedication to render it effectual. (Gedge v. Commonwealth, 9 Bush, 64; "Wilkins v. Barnes, 79 Ky., 323.) 2. A street may be…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
The act of appellee, McDonald, complained of in this action by appellant, the City of Covington, is the inclosnre, as part of his premises, of the southern half of what is claimed to be Sixteenth street, between Madison and Washington streets; and the question involved is, whether the parcel so inclosed is part of a public street.
It appears that in a division of lands of Richard Southgate, made many years ago, a block now lying within the corporate limits of Covington was allotted to Richard TI. Southgate, and in 1860 that block was divided…
2Cited by2 opinions
- City of Paducah v. MalloryCourt of Appeals of Kentucky (pre-1976) · 1928
- South Covington & C. St. Ry. Co. v. Newport L. & A. Turnpike Co.Court of Appeals of Kentucky · 1901