Swift v. Mayor
Decision Date | 09 July 1897 |
Parties | SWIFT et al. v. MAYOR, ETC., OF LITHONIA. |
Court | Georgia Supreme Court |
Dedication—What Constitutes—Evidence.
1. Where a dedication of his property to a public use is relied upon to defeat the claim of one holding the legal title, the acts relied upon to establish such dedication must be such as clearly showed a purpose oh the part of the owner to abandon his own personal dominion over such property, and to devote the same to a definite public use.
2. Except in so far as the premises sued for may include portions of a public road not claimed by the defendant under an alleged dedication by the plaintiff's ancestor, the title of the plaintiff was established; and the defense relied upon, to the effect that the premises sued for had been, by the ancestor of the plaintiff, dedicated to the town for use as a public highway, was not sustained, and a general verdict in favor of the defendant was contrary to law, and, upon a motion for a new trial, should have been set aside.
(Syllabus by the Court.)
Error from superior court, De Katb county; John C. Hart, Judge.
Action by E. G. Swift and others against the mayor and others of Lithonla to recover land. From a judgment for defendants, plaintiffs bring error. Reversed.
Candler & Thomson, for plaintiffs in error.
R. W. Milner, for defendants in error.
SIMMONS, C. J. 1. Where a dedication of his property to a public use is relied upon to defeat the claim of one holding the legal title to the property, the acts relied upon to establish such dedication must De such as clearly showed a purpose on the part of the owner to abandon his personal dominion over such property, and to devote the same to a definite public use. "Intention to dedicate property to public use Is essential to a dedication, but this may be proved by acts showing an assent that the property should be so used and enjoyed." Collins v. Mayor, etc., 69 Ga. 542; City of Indianapolis v. Kingsbury, 101 Ind. 200; Manderschid v. City of Dubuque, 28 Iowa, 73; Tinges v. Mayor, etc., 51 Md. 600; Mayor, etc., v. White, 62 Md. 362; City of Detroit v. Detroit & m. R. Co., 23 Mich. 173; Rozell v. Andrews, 103 N. Y. 150, 8 N. E. 513; Civ. Code, § 3591. ...
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Penick v. Morgan County
...to a jury the question as to whether or not there was a dedication by Swords and Thomason. Parsons v. Trustees, 44 Ga. 529; Swift v. Lithonia, 101 Ga. 706, 29 S.E. 12; Ga. R. Co. v. Atlanta, 118 Ga. 486, 45 S.E. Mayor v. Franklin, 12 Ga. 239; Healey v. Atlanta, 125 Ga. 736, 54 S.E. 749. The......
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McCoy v. Central of Georgia Ry. Co.
... ... Georgia R. Co. v. Atlanta, 118 Ga. 486, 45 S.E. 256; ... 2 Dill. Mun. Corp. (4th Ed.) § 637 et seq.; Swift v ... Lithonia, 101 Ga. 706, 29 S.E. 12. The other theory ... would apparently operate against miners as well as persons ... sui juris, since ... ...
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Dunaway v. Windsor
... ... abandon his personal dominion over the property and to devote ... the same to a definite public use.' In the early case of ... Mayor &c. of the City of Macon v. Franklin, 12 Ga. 239, ... at page 244, this court had said that dedication may be made ... 'in writing, or by parol; or ... particular purpose, is not a dedication of such property for ... that purpose forever.' In Swift v. Mayor &c. of ... Lithonia, 101 Ga. 706, 29 S.E. 12, may be found the statement ... that: 'In order to constitute a dedication of land to ... ...