128 Ga. 781 | Ga. | 1907
(After stating the facts.)
Suppose that the dedication, instead of having been made expressly by the terms of the deed, had been made as in the case of Cincinnati v. White, 6 Peters, 431, that is, a plan of the town had been made and approved by the owner of the land, according to which the thirty acres lying south of the road from the depot to the Oothcaloga mill was set apart as a common for the -use and benefit of the town, and that lots had been sold in pursuance of and with reference to this plan. Clearly, under the direction of that case and the numerous cases which have followed it, a plain case of dedication would have been established. But! suppose further that appended to the plan or map of the town as laid out, as a part thereof, there had been the statement in writing that no lots should
Judgment affirmed.