Gregory v. City of Lincoln
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. 1. The laying out of an “addition” to a city of the second class does not vest in the city any control of streets therein, unless they have been accepted by special ordinance for that purpose. Comp. Stat., 121, sec. 77; p. 124, sec. 95. 2. Conveyance to a municipal corporation of land beyond its boundaries for the purpose of a street, is void. Dillon on Mun.
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Error to the district court for Lancaster county. Tried below before Pound, J. 1. The laying out of an “addition” to a city of the second class does not vest in the city any control of streets therein, unless they have been accepted by special ordinance for that purpose. Comp. Stat., 121, sec. 77; p. 124, sec. 95. 2. Conveyance to a municipal corporation of land beyond its boundaries for the purpose of a street, is void. Dillon on Mun. Corp., 533, sec. 435. 3. Non-user by the public, of a street or highway, for the period of five years will operate as an abandonment and reversion. Comp.…
1Opinion of the CourtMaxwell, J.
This is an action of ejectment brought by the city of Lincoln against Julia M. Gregory, E. Mary Gregory, and John S. Gregory, to recover possession of a strip of land “ commencing at the northwest corner of block two, in Lavender’s first addition to the city of Lincoln, thence running east on the north line of said - and across Nineteenth street in said city four hundred feet, thence north one hundred feet, thence west four hundred feet, thence south one hundred feet to the place of beginning;” being that part of K street between the east line of Eighteenth street and the east line of…
2Cases cited3 opinions
- Burhans v. Van ZandtNew York Supreme Court · 1849
- Giles v. OrtmanSupreme Court of Kansas · 1873
- Livermore v. City of MaquoketaSupreme Court of Iowa · 1872
3Cited by7 opinions
- Boslow v. ShenbergerNebraska Supreme Court · 1897
- Pillsbury v. AlexanderNebraska Supreme Court · 1894
- Breslow v. City of RalstonNebraska Supreme Court · 1977
- City of Schuyler v. VerbaNebraska Supreme Court · 1931
- Bushman v. GibsonNebraska Supreme Court · 1884
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