A Treatise On the Modern Law of Real Property And Other Interests in Land

Cover A Treatise On the Modern Law of Real Property And Other Interests in Land
A Treatise On the Modern Law of Real Property And Other Interests in Land
Herbert Thorndike Tiffany
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, 39 N. J. Eq. 465; Downend v. Kansas City, 71 Mo. App. 529; Elliott, Roads & S. (2d Ed. ) § 150.
26Holdane v. Trustees of Village of Cold Spring, 21 N. Y. 474; Prescott v. Edwards, 117 Cal. 298; Riley v. Hammel, 38 Conn. 574; City of Chicago v. Drexel, 141 111. 89; Littler v. City of Lincoln, 106 111. 353; Clendenin v. Maryland Construction Co. , 86 Md. 80; Baker v. Johnston, 21 Mich. 319; Hayden v. Stone, 112 Mass. 346; City of St. Louis v. St. Louis University, 88 Mo. 155; Price v. In- habit
...ants of Town Of Breckenridge, 92 Mo. 378; Baldwin v. City of Buffalo, 35 N. Y. 375; Simmons v. Cornell, 1 R. I. 519. Contra, (976) Ch. 21] DEDICATION. !^ 433 According to some decisions, however, there is a presumption of acceptance if the dedication is purely beneficial in char- acter, imposing no burden on the public, ^^ and sometimes the statute is construed as dispensing with the necessity of ac- ceptance.^^ The failure of the public to accept does not in any case affect the rights of the purchasers of lots with ref- erence to the proposed highway or park to assert rights of user therein for the benefit of their property, since the ven- dor is estopped to deny the existence of such rights in their favor.^^ The acceptance may be by formal action on the part of the state or municipal authorities, ^*' but this is not neces- sary.

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