City of Alexandria v. Thigpen

Citations

• 120 La. 293
• 45 So. 253
• 1907 La. LEXIS 643

Syllabus

<p>1. Dedication — Intent to Dedicate.</p> <p>The intent to dedicate property to public use for street purposes must be clearly and unequivocally manifested on the face of the deeds and maps relied on by the party alleging dedication.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 15, Dedication, § 13.]</p> <p>2. Same — Evidence.</p> <p>Where a suburban tract of land, after having been platted as a subdivision, was sold as a whole by metes and bounds, a reference to the plat attached to the deed will be considered as made for the purpose of description, and not for the purpose of dedication.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig vol. 15, Dedication, §§ 34-41.]</p> <p>3. Same — Burden oe Proof.</p> <p>Where the tract so purchased was subdivided anew according to a certain plat, which was subsequently lost, and the loss supplied by a certified copy of the original survey, duly recorded, the burden-of proof is on the party affirming dedication to show by a clear preponderance of the evidence that the missing plat included the land in dispute within the lines of a certain street as alleged and that the recorded plat was erroneous in this respect.</p> <p>(Syllabus by the Gourt.)</p>