Price v. Stratton

Citations

• 45 Fla. 535

Syllabus

<p>1. When tbe owner of a tract 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, and his grantees, as against him and those claiming under him, acquire the right to haye- such streets kept open. This constitutes a complete dedication, and the streets can not be closed up or obstructed unless in pursuance of legal authority.</p> <p>8. The rule laid down in Hagan v. Ellis, 39 Fla. 463, 22 South, xtep. 727 (2nd headnote), that “if one man. knowingly, though he does it passively by looking on, suffers another to purchase and expend money on land, under an erroneous opinion of title, without making known his claim, he shall not afterwards be permitted to exercise his legal right against such person,” is approved, but this rule applies only where the title is not equally open to the parties, and in favor of one who would be misled, by want, of notice of tbe adverse right.</p> <p>8 It is essential to the applipation of the doctrine that the party claiming the estoppel must have been not only destitute of knowledge of the true state 'of the title, but also of any conveniem and available means of acquiring such knowledge. Where the condition of the title is known to both parties, or both have the same means of ascertaining lhn truth, there is no estoppel.</p> <p>4. A cross-lull may set up additional facts, not alleged in live original bill, but relating to the same subject-matter, and pray far affirmative relief in respect thereto. ,</p> <p>5. There is a well defined distinction between a cross-bill mere'!} defensive in character, and one seeking affirmative relief. The dismissal of the original bill carries with it a cross-bill of the former character, but not of the latter, and the great weight of authority is to the effect that in a cross-bil