McGourin v. Town of DeFuniak Springs

Citations

• 51 Fla. 502

Syllabus

<p>1. A court of equity has jurisdiction to enjoin a municipal corporation and its officers from opening up and using as a public street, without the owner’s consent, land belonging to an individual, which has not been condemned, dedicated or used as a street or highway.</p> <p>2. Where the bill alleges that the complainant is seized and possessed of land and the sworn answer, where the oath has not been waived, denies such seizin and possession, the burden is upon the complainant to prove the seizin and possession by sufficient evidence.</p> <p>3. Where a bill alleges that the respondents are endeavoring to unlawfully subject land of the complainant to public use as a street, and the answer admits the attempt to subject the property to the uses of a public street but avers a dedication of the lands to public use, the averment of dedication being new matter puts upon the respondents the burden of proving such dedication.</p> <p>4. The intention to dedicate should be considered in determining the existence and character of a dedication of land to public use.</p> <p>5. Where the owner of land makes a town plat thereof, laying the same out into blocks and lots with intervening streets clearly indicated upon the plat separating the blocks, and conveys lots with reference to such plat, he thereby evinces an intention to dedicate the streets to public use as such.</p> <p>6. Where a dedication is alleged to have been made by making and filing a map or town plat and by selling lots with reference thereto, and the locus in quo appears to be located in a street as clearly indicated upon the map or town plat, the map or plat is evidence of an intention to dedicate the same for public use as a street; but where the locus to quo does not appear to be located in a street as clearly indicated upon the plat, the plat unexplained is not evidence of an intention to dedicate.</p> <p>7. Where it appears that the locus in quo is not located in a street as clearly indicated upon a map or