Rutherford v. Taylor
Supreme Court of Missouri
Appeal from Randolph Circuit Court. I. The County Court had authority to dedicate said lots to public use — R. C. 1825, p. 246, §§ 7 & 8 ; id. p. 762, §§ 1 & 4. II.
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Appeal from Randolph Circuit Court. I. The County Court had authority to dedicate said lots to public use — R. C. 1825, p. 246, §§ 7 & 8 ; id. p. 762, §§ 1 & 4. II. The acts of the commissioner and County Court in making said plat, and declaring thereon and on the records of the court that said lots were held for public use, and the sale of the balance of said lots on the faith thereof was a dedication of said lots to public use, and the County Court could not afterwards apply them to any private purpose — City of Hannibal v. Draper, 15 Mo. 637 ; 10 Pet. (U. S.) 662 ; 4 Paige Oh. 510;…
1Opinion of the CourtWagner, Judge
This was a petition for an injunction to restrain the respondents from erecting a building upon a portion of the public square in the town of Huntsville.
*317From tlie record it appears that in the year 1831 the County of Randolph received a donation of fifty acres of land for the purpose of laying out a county seat. The deeds conveying the land were made by the donors to the county without reservation or condition. In accordance with the law then in force, the County Court of Randolph county appointed a commissioner and caused the town of Huntsville to be laid out, and a plat thereof to be made…
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