Sweatman v. City of Deadwood

Citations

• 9 S.D. 380
• 69 N.W. 582
• 1896 S.D. LEXIS 178

Syllabus

<p>1. A proposition, made by the owner of property to a city, to change the location of a street across such property, and its acceptance by the city council, and the making of the proposed change, constitutes a dedication of the ground occupied by the street as relocated.</p> <p>2. M. purchased certain city property with money furnished by plaintiffs, but took the title to himself, and retained it some two months, before conveying it, with other property, to plaintiffs. While he held the title and his deed was of record, on a proposition made by him to the city council, ho was permitted to change the location of a street across the property, the city relinguishing the ground formerly occupied, aúd a large amount of money was thereafter expended by the city in improving the street, and by others in improvements and buildings with reference thereto. Held, that plaintiffs, having delayed 18 months, after knowledge of the facts, before notifying the city of their ownership of the property, and that the change in the street was unauthorized by them, could not recover the ground dedicated by M..for. the new street,- by his proposition to the city and its acceptance.</p>