, 1874-06-03

miscellaneous Nsssarss,-s Irunsuctcu
Yesterday.
Tho following abstract Of Judge Drummond's
opinion in tho case Of The City v. Brewster, de-
1ivored yesterday morning, will be found inter-
oatng as defining the acts Of the Legislature Of
l847, 1851. and 1850 In regard to Yachting plata
Of town lots. 1le caBo was tried about a week
ago, but ITO formal decision rendered owing to
tho hbsBuce OF counsel:
The action, ho remarked, was brought to re-
covor q strip Of mud sonti Of Eric atroct. aud
clniuod to bo part Of Sedgwlck Btroet, having
the titlo in tho city. It was clainled tint moth
ing lad occurred to dyest tho titlo of tho city,
aud therefore it, as TruBtoo, could recover pos-
session for tho bonedt Of tho public.
giving this strip 90 feet by aboat ITO feet, and
thoro was doubt tho titlo to the street became
vested in the city. The main controversy III tho
caao was about. tho vacation Of tho plat in May.
N1uy, 1861, by Higgins, and othcrs! who
claimed tlat, under tho law Of 1s47, tic title to
that part Of the struot in question, became re-
vestcd in tho propriotora, and thereby ceased to
bo public street. That act provided that when
porsona laid out towns. additions to towns, or
subdivisions OF town lots, and When tho rllts or
maps bud been recorded that thoy Or tleir ropro-
aanatirea, before making Bnle OF lots -or, ii Hao
Ind been mado, by tho gra'ttees Joining, might,
in writing vacato tho p1at or map, and have SUCH
vacation recorded, aud thus ulvcHt tho pubic
rights before acquired.
fhe question, therefore, was whether thia oper-
atea in tho present case. lIiEglns aud All Tho
parties to whom he sold joined III tho act Of va
ention, aud it must bo held TINT tho law took Of
feet and that tho dedication was vacated. The
only objection mauo waa that this could not be
olio il, consequence Of tho actn Of 1851 md 1853
which prescribed particular manner Tor vaca-
tons. The net OF 1881 wah passed before Hig-
gins completed his act OF Yaoattng, and the
1voa rr3,nfhar thn uf 1871 1rf tAEtf
repealed tho law Of 18A7. Tho Judge decided
Tint they did uot, but tllut thoy might all stand
together. The act Of 1847 provided for vaoatlhg
by the proprietoss without tho MD Of the oor-
provided for yacating atrcots by the corporate
au.horitios. Had evidence beon aducod to
show that tho public had used the street between
1877 and 1851, Home doubt might ariso but 10
satisfactory testimouy on that point waB intro
siuead.
Tho question then was resolved into tho COM
potency OF the Legislature to giyo powor to pro-
priotora to Toyolo their gifts when there had
been no uso Of tho atroets. On that point thoro
could be no doubt. Tho Legislature gavo tho
power to dcdicato, 1t could also giTo tic power
to revoke. 1t could not be sud to be n sound
legal principle that, because tho right l,ad become
once vested in the public, or in tho corporation
for tho ,,se Of tho public, il should, therefore,
without tho coaee OF tho city or Of tho corpora
tio1,. Il the atrent 30 de6ioatoa had boon uhet1
or appropriated, different principles might nf-
| ply, and might require different consideration.
TITO finding WAS, therefore, In favor Of tile do
fon1aut.
Judge Drummond gotN to Madison, Wis, to-
| day, having tlnshet1 tho Stnto INSURANCE cnBe.
Judge Mclsoberts will bo here today to assiBt
| Judge Gary.
nAEKRuproY 1TE,iB.
| JOHN QutgcBnll was nd Indicated bankrupt by
confession, nua q Warrant issued returnnblo July
| rs, 1874.
An ordor Of dismissal waa entorod in tho oaso
| Of Walter L. Dladen, unleBs objootions DO died
| by Tuesday next.
| In tho osse Of Alexander M. Ferris, an ordos
WIS entered that tho adjudication be rot aside,
and the proceudings dismissed OIL 1lling CONSENT
| Of tho creditors.
| HurEn1oR couAT IN Hn1EF.
John Il. Drooknan and T. N. Bradley began a
suit Ill debt against A. Mohoa atld Noah Barnes,
| clRim1nE @1,p00,
Tho president, Directors, a,.t! Company OF TIC
| Northern Bank OF Kentucky commenced huit III
attachment ngainAt Julius Btscl, for III, ,10:3.
| Clnybnrsh Eiustoin buea Simon phitipa fol
81, 500.
| G1nCutr COUNT.
John g. DAWSON hDgan u Huit for 81, COT
against thu Uabeook Manufacturing Company.
| Laramiah +. Cooper hogan u sll|t against Jollr
| 4. Morrow, ctRinling $4,000.
| Frank JenBun SUED Friedrich Koo!l for ii 600
William Il. Role, Agu!guoa OF Marcllnntu' I1
eurnnca Company. liloa q bin nHaiust IL. d. st
Clair, Elizabeth st. Clair, William Nnkead, u