Whitworth v. Berry
Citations
- 69 Miss. 882
Syllabus
<p>1. Sibeet. Dedication. Evidence. Map.</p> <p>The mere making of a map of one’s land, on which streets and squares are denoted, followed by no dealing with the land by the owner or the public in reference thereto, is not sufficient to show a dedication for the streets.</p> <p>2. Same. Dedication. Evidence. Adverse possession. Case.</p> <p>A corporation owning land in a town, caused a map to be made, showing squares and streets, but the streets were not opened. Afterwards it contracted to sell a certain tract described by metes and bounds, which em•braced land marked on the map as a street, and the party contracting to purchase took possession of the whole and inclosed it.. The deed, after-wards executed, described the land as bounded by the street, but the purchaser remained in possession, claiming adversely, more than ten years. No other deeds had been executed before that in recognition of the map, and no dealing by the parties or the public in recognition of the street was shown. Held, there was no- dedication of the street, and the purchaser, by adverse imssession, acquired title.</p>
Judges: Cooper
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