Attorney General v. Lakeview Land Co.
Supreme Court of Alabama
Appeal from Chancery Court of Jefferson. Heard before the. Hon. John 0. Carmigi-iael. This hill was originally filed in the name of Charles O. Brown., “As Attorney-General of the State of Alabama, on behalf of the people,” and subsequently amended,by substituting the name of Massey Wilson, the term of office of the other having expired.' The bill charges that the lauds described therein were dedicated to the public as a park, by the Elyton Land Company, the acts constituting…
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Appeal from Chancery Court of Jefferson. Heard before the. Hon. John 0. Carmigi-iael. This hill was originally filed in the name of Charles O. Brown., “As Attorney-General of the State of Alabama, on behalf of the people,” and subsequently amended,by substituting the name of Massey Wilson, the term of office of the other having expired.' The bill charges that the lauds described therein were dedicated to the public as a park, by the Elyton Land Company, the acts constituting the alleged dedication being the mapping and platting- of the lands as a park by that company, the sale of lots by it…
1Opinion of the Court
TYSON, J
This bill was filed- to enjoin the respondent from obstructing the- free use by the public of a certain described tract of land, designated in the pleadings as Lakeview Park, upon- the ground that it has been dedicated to the public by its former owner, the Elyton Land Company.
Dedications are classified into express and implied. It is admitted by appellant that there was no express dedication by the Elyton Land Company. The contention, however, is- that an implied one has been established by the evidence.
To constitute a dedication of either class, confessedly, there must be an…
2Cases cited3 opinions
- Steele v. SullivanSupreme Court of Alabama · 1881
- Jones v. BrightSupreme Court of Alabama · 1903
- Oswald v. GrenetTexas Supreme Court · 1855
3Cited by13 opinions
- City of Brownsville v. WestCourt of Appeals of Texas · 1941
- Frye v. King CountyWashington Supreme Court · 1929
- Smith v. City of DothanSupreme Court of Alabama · 1924
- City of Florence v. Florence Land & Lumber Co.Supreme Court of Alabama · 1920
- Gore v. BlanchardSupreme Court of Vermont · 1922
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