Legal Opinion

Town of Manitou v. International Trust Co.

Supreme Court of Colorado

Decided September 15, 1902No. 4291Published

Appeal from the District Court of El Paso County. On the 12th of February, 1874, The Colorado Springs -Company, being the proprietor of certain lands in El Paso county, caused to be executed and acknowledged, and filed for record, a certain plat of said lands which is entitled: “Map of Manitou, El Paso, County, Colorado. ’ ’ On this map no words are used by which the streets, alleys, avenues, parks, paths, or other public places are dedicated to the public, ’ although in the…

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Appeal from the District Court of El Paso County. On the 12th of February, 1874, The Colorado Springs -Company, being the proprietor of certain lands in El Paso county, caused to be executed and acknowledged, and filed for record, a certain plat of said lands which is entitled: “Map of Manitou, El Paso, County, Colorado. ’ ’ On this map no words are used by which the streets, alleys, avenues, parks, paths, or other public places are dedicated to the public, ’ although in the acknowledgment language is employed indicating an intention to make a statutory dedication. The following appears upon…

1Opinion

*482 Upon Petition for Rehearing.

By Mr. Justice Steele.

In the opinion, it Was held that municipal authorities cannot base their right to public places upon the act of a proprietor of land in selling lots by reference to a plat upon which such public places are designated; and that, until there has been an acceptance, the act of the proprietor in selling lots amounts to a mere offer to dedicate and can be withdrawn. In the petition for rehearing, it is stated that this holding is contrary to the doctrine announced in City v. Clements, 3 Colo., 472; Ward v. Farwell, 6 Colo., 66; Mouat v. City, 21…

2Cases cited5 opinions

  1. City of Denver v. ClementsSupreme Court of Colorado · 1877
  2. John Mouat Lumber Co. v. City of DenverSupreme Court of Colorado · 1895
  3. City of Denver v. Denver & Santa Fe Railway Co.Supreme Court of Colorado · 1892
  4. Ward v. FarwellSupreme Court of Colorado · 1881
  5. Trine v. City of PuebloSupreme Court of Colorado · 1895

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