Page v. Belvin

Citations

• 88 Va. 985
• 14 S.E. 843
• 1892 Va. LEXIS 60

Syllabus

<p>1. Municipal Corpoeations—Streets—Fee «¿.—The owners of lots abutting on the streets own the fee in those streets, subject to the lawful use thereof by the city. Hodges v. S. & R. R. R. Co., ante, p. 653.</p> <p>2. Idem—Exercise of functions.—The exercise of chartered functions in a mode different from that prescribed is a want of power on the subject.</p> <p>3. Idem—Grade of streets—Ratification.— Changes in grade of streets can be made only by authority of city council previously given, and changes made therein without such authority cannot be validated by subsequent ratification.</p> <p>4. Idem—Abutting owners.—At all events, rights of action accrued to abutting owners by reason of such change of grade cannot be divested by a subsequent validating ordinance.</p> <p>5. Idem—Records—Parol evidence—Case at bar.—These public bodies do what their recorded acts show, and parol testimony is not admissible to impeach such records. And in action of trespass for changing grade, where the recorded resolution of committee on streets, their report to the common council, and the resolution of the council thereon, referred only to relaying gutters in the street in question;</p> <p>Held :</p> <p>Improper to admit testimony of members of the council to show that the council in fact did order the grade of the street to be changed.</p>