Wallace v. Cain

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing general rule that if use is open and notorious, it will be presumed adverse and under a claim of right
• recognizing general rule that if use is open and notorious, it will be presumed adverse and under a claim of right
• explaining intent to dedicate must indicate “by plain implication, a purpose to create a right in the public to use the land adversely to him, and as of right”
• discussing customary use as evidence of dedication of a road to the public
• width of highway acquired by user is determined by the extent of the actual use and occupation or by other marks and boundaries indicating the extent of the claim
• “An implied dedication is one arising, by operation of law, from the acts of the owner.”

Source: CourtListener parenthetical corpus (CC0).