Sanford v. Mayor of Meridian

Citations

• 52 Miss. 383

Syllabus

<p>'1. Dedication : Municipal authorities. Streets. Donations.</p> <p>A dedication of a street, like every other conveyance of property, requires two parties — a grantor and a grantee. The one must accept and the other convey. The acceptance is evidenced either by the action of some civil authority, representing the public, or by a purchase of lots by private persons, based upon the dedication, or by some use of the property by the public, which implies an acceptance and estops the grantor.</p> <p>:2. Same: Case in judgment.</p> <p>In 1858 one R., owning a large tract of land near the present city of Meridian, caused his land to be laid off into town lots, streets, etc., and a map thereof to be made. This map he acknowledged and had recorded. In 1867 the town began to grow, and R. prepared another survey and map, making some change. That portion of the old survey wherein was M street was an old field, unoccupied except on one lot was a Baptist church. In the last survey •the width of M street was reduced from eighty to sixty feet. This survey was presented to the mayor and aldermen, and by them accepted, the ordinance reciting that “ M street shall be established as an eighty feet street.” A bill was-filed by certain citizens, claiming to own land on this street, to enjoin the' corporate authorities from enforcing this ordinance. Held, that It. had made no valid dedication of the street up to the time of the second survey; that he had the right, with the assent of his vendees, to change the proposed width of' M street; that this change had been acquiesced in by the city and the public, and that the recital in the ordinance that “M street was thereby established as eighty feet wide ” was ultra vires and void.</p> <p>[Note. — Grave doubts are expressed by the court whether a court of equity has-any jurisdiction over an order of a municipal corporation touching its streets, but. the question, not being discussed by counsel nor necessary to the decision reached, in this