American and English Corporation Cases Volume 9

American and English Corporation Cases Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... part of said land has been used for such purpose for more than twenty years prior to the commencement of this action." This includes a finding that there were no acts in pair by Bottineau, either separately or in connection with and explanatory of the survey, suflicient to constitute a dedication. It would have been more satisfactory if the court had specifically found whether the locus in qua was designated on the plat by the words "public wharf" written thereon, --a very material question in the case, --but we think it must be assumed to be involved in the general finding and determined in the negative. If more specific findings are deemed important or material, the defendant should have made an application to the court for such purposes. Smith v. Pendergast, 26 Minn. 318; Rep. 978; Bradbury-21. Bedbury,3I Minn. 163. The evidence that the original plat was so marked is circumstantial. The words in question do not appear on the plat now remaining of record in Ramsey County. No witness swears that they were originally placed thereon, or that he remembers seeing them there. But they appear upon copies, some of which were made for record in Hennepin County, though not certified by the register of deeds of Ramsey County, but which the witnesses believe were accurate from the circumstances under which they were made and compared. On the other hand, they do not appear upon other maps which were also made from the records at an earlier day, and which the compilers intended should be accurate copies, and which were copied from the original records. Though the evidence in defendant's favor, taken in connection with the circumstances of the survey and situation of the premises and the navigation on the river as then contemplated, more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236901851
  • 9781236901859