52 Kan. 508 | Kan. | 1893
The opinion of the court was delivered by
“ The dedication of premises to public purposes, in a plat acknowledged and recorded by one who did not own the property at the time, cannot have the effect of a conveyance, although he afterwards purchase it; and, in the absence of subsequent facts and circumstances which would constitute an estoppel, he may reclaim the premises.”
(See, also, Nelson v. City of Madison, 3 Biss. 244; McShane v. Moberly, 79 Mo. 41; Niagara Falls Co. v. Bachman, 66 N. Y. 261; Holding v. Cold Springs, 21 id. 474; Bushnell v. Scott, 21 Wis. 457.)
In Brooks v. City of Topeka, 34 Kas. 277, it was said:
“No one other than the owner, or some one authorized to act for him, can plat or lay out a town, or an addition thereto, so as to convey to the public for its use the streets and alleys designated on such plat.”
“ We do not think that a person who is occupying government land, and occupies the same under the preemption or homestead laws, can dedicate it, or any portion thereof, for a public road, until he has done all that he is required to do to obtain the title to the land under such laws.”
In that case it appeared that the person who, it was claimed, had made the dedication afterward acquired full title to the land. See, also, Armstrong v. City of Topeka, 36 Kas. 432; The State v. O’Laughlin, 19 id. 504.
The findings in this case show an expression of intention on the part of the town company to dedicate, rather than an actual dedication. Both of the parties in this case claim title derived from the Colby Town Company through deeds executed by its officers after the corrected map had been filed for record. The plaintiff below was interested in the lands in controversy only by way of easement appurtenant to the lot he purchased. On the other hand, the defendants below, plaintiffs here, bought the ground and paid $450 therefor, the record showing a perfect title in their grantor. No strong equity urges the relief sought by the plaintiff. On the other hand, the defendants appear to have the better claim. We think the law is clearly with them. The case is reversed, with direction to render judgment on the special findings of fact in favor of defendants for costs.