Steel v. City of Portland

Citations

• 23 Or. 176
• 31 P. 479
• 1892 Ore. LEXIS 124

Syllabus

<p>Dedication of Park or Plat. — Where the owner of a tract of land lays it out in lots and streets, and in the plan or map thereof filed in the public records designates a certain portion as “ Park,” and afterwards conveys lots and blocks by reference to such plan, it operates as a dedication of the land for a public park. The sale and conveyance of lots according to such plat implies a covenant that the streets and other public places designated shall never be appropriated by the owner or his successor in interest to any use inconsistent with that represented on the original map. Carter v. City of Portland, 4 Or. 339; Meier v. Cable By. Co. 16 Or. 500 (19 Pac. Rep. 610; S. C. 1 L. R. A. 856); Hogue v. City of Albina, 20 Or. 182 ( 25 Pac. Rep. 386), approved and followed.</p> <p>Note.— The authorities on the question of whether the statute of limitations will run in such a case are collected and classified in the decisions of Fort Smith v. MelMben, 48 Am. Rep. 19, and Oit v. O’Brien, 14 Am. St. Rep. 287. — Repostes.</p>