Teass v. City of St. Albans
West Virginia Supreme Court
I.— Where there han been no dedication of street, or it he/s become the property of the citizen by adversary ¡possession, injunction to restrain town from opening the street is proper. — 15 W. Va. 394; 9 W.'Va. 215 ; 23 W. Va. 211. II.— Where there has been no public, use of a street, and town claims dedication, the acts and declarations of owner must clearly manifest an unmistakable intention to permanently abandon his. property for that purpose. — 30 W. Va. 606 ; 9 W. Va.…
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I.— Where there han been no dedication of street, or it he/s become the property of the citizen by adversary ¡possession, injunction to restrain town from opening the street is proper. — 15 W. Va. 394; 9 W.'Va. 215 ; 23 W. Va. 211. II.— Where there has been no public, use of a street, and town claims dedication, the acts and declarations of owner must clearly manifest an unmistakable intention to permanently abandon his. property for that purpose. — 30 W. Va. 606 ; 9 W. Va. 215. III. — The acceptance of dedication must be by the proper authorities. — 44 Mich. 467 ; 7 N. W. Kep. 49. IV. — If…
1Opinion of the Court
Holt, Judue:
This was an injunction brought in the Circuit Court of Kanawha county by plaintifl, Teass, against, the city of St. Albans, to restrain defendant from moving back or *4tearing down plaintiff’s dwelling-house, claimed by the city to be built about four feet into and on one of its Streets. The ex parte injunction was granted 24tli February, 1892, and on final hearing on April 30, 3892, the injunction was dissolved, and this appeal was granted plaintiff’.
The allegations of plaintiff’s bill are, in substance, as follows:
Plaintiff, T. A. Teass, is the owner of a lot on the corner of A.…
2Cases cited28 opinions
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Bradley v. StateSupreme Court of Alabama · 1881
- Kincheloe v. TracewellsSupreme Court of Virginia · 1854
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3Cited by40 opinions
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- Abel v. LoveIndiana Court of Appeals · 1924
- Lewis v. YatesWest Virginia Supreme Court · 1907
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