The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-03-07
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citizens OF the city of Lexington, all her
officers, committees and agents and all
others under said defendant, be and they
are hereby eDjoined and restrained from
grading, digging or doing any work, or
erecting any building or buildings on aid
lots numbered one, two, three, four, five
and six, in block numbered 81, in said a6-
dition to the town of Lexington, in said
county of Lafayette, and composing a
part OF the public square in said addi-
tion, as is alleged. Given under my hand
this 4th day OF October, 1850. (Signed.)
II. Young, Judge of the Lafayette Circuit
Court"
Upon which order is endorsed the fol-
lowing return, namely: al do hereby
certify that 1 executed the within writ
by reading the same to Allen Campbell,
George Kice and David Lock, the improve
ment committee, October 4th, 1850; and
also by reading the within writ to Will
liam p. Martin, who was at work on the
lots as described, October 4th, A. D., 1850,
all in Lafayette county. (Signed.) Alfred
Nickols, Sheriff. By NJ. W. Withtrs.
Deputy Sheriff."
At the November term OF said Lafayette
circuit court, 1850, defendant filed demur-
rer to plaintiffs petition; and also its
petition for change of venue of said cause,
because of alleged prejudice OF the Judge
IF said Lafayette circuit court, and 'or
that cause the defendant could not have a
fair trial in the sixth judicial circuit
whereupon the venue OF said cause was,
on the petition of defendant, changed to
circuit court OF Ray county, Missouri, at
Richmond, Missouri, and there docKeted
at the March term thereof, 1851, when by
leave of court, defendants withdie e0 their
demurrer and filed their answer to plain
tiff's petition, and the cause was con-
tinued. In and by which answer defend
ant, said city, admitted that George Houx,
James II. Graham, William Anderson,
William Spratt and James Aull, as trus-
tees of a company formed for that pur-
pose, made an addition to the town OF
Lexington, and on the 2Sth day OF April,
1898, filed the same in the Office of the
recorder of said Lafayette county, known
as "the addition to the town of Lexing-
inally laid off and entered on said plat as
''public square," but denied that such
plat so acknowledged, certified and depos-
tied in the recorders office, vested the
title to said "public square, in Lafayette
county. Admitted that the ordinances
for widening Franklin street were passed
by the mayor, councilmen and citizens of
the city OF Lexington, approved July Sth,
1850, and July 9th, 1850, so as to include
in said street a part ofssuch lots; and that
the city of Lexington, by its officers and
agents, were proceeding to grade the
same, so as to conform the same to the
grade of said city of Lexington, and they
were about to have erected market house
on portion of that part of said lots so
numbered, and in said Franklin street.
Admitted that plaintiff, Lafayette county,
did erect or cause to be erected, court
house on said ground, marked on said
plat as "public square," and did cause
plank fence to be made around the same
and said lots, but averred that such acts
were trespasses on said "public square"
and lots. And averred that said city of
Lexington, by the act of the General As
sembly, in cooperating the same, approved
March Sth, 1S45, had vested in il the power
and authority SO to widen said Franklin
street, and that it was so wIdeoed by Ru-
thority OF such act. Averred that the
county seat was never lawfully removed
from "the town OF Lexington" to said
addition" to said town.
Defendants in and by said answer denied
the right and title of Lafayette county to
said "public square" and block "A, and in
and to said lots 1, 2, 3, 4, 8 and 8, in block
81 of said addition to the town OF L9IiDg-
ton; and averred the title thereto be
N he nf fad al ha
other allegations of plaintiffs petition;
denied that plaintiff, Lafayette, was dam
aged in three hundred dollars, as alleged,
Or any other sum. Averred full right and
power in said city of Lexington to widen
Franklin street, and cause to be erected q
market house thereon, and asked to be
discharged with their costs
Which answer was signed by Hicks,
Wallace and Sharp, attorneys for defen-
dants. And was verified by the affidavit
Of Elijah Littlejohn, the mayor of said
city OF Lexington, as agent for the same
and for said defendants.
Said cause was at the regular September
term of said Ray Circuit court, 1851, by
agreement of parties continued. And by
OF parties was tried at the
adjourned term session of said Ray Circuit
court, held in the town of Richmond on
the fifth day of July, 1852, before Hon.
Geo. w. Dunn, then Judge of said Ray
Circuit court, as chanselor. The hearing
and examination of the evidence con-
sumed the 5th and 9th days OF July, 1852;
the cause was argued on the 9TH day of
July, 1852, by said Samuel 8. Sawyer.
Esq, and his associate counsel as attor-
.I,Es.
by Hicks, Wallace and Sharp. said attor-
neys for said city of Lexington. And
said cause was decided by the said Ray
Circuit court on the sth day of July. 1852,
when the following judgment and decree
was made and entered in such cause by
said Ray Circuit, court, namely:
Lafayette County
VS..
The Mayor, CounciImen Civil action.
and Citizens OF the City
OF Lexington.
''Now at this day come again the par
lies aforesaid, by their respective attor-
neys, and the argument of this cause
being concluded, and the court having
fully heard and considered the petition,
answer, exhibits and evidence, together
with the said defendants motion to
dissolve In6 kTdnIcu nerGln,
which motion is by consent at the same
time taken up, and the court finds the
facts as follows, to-wit: The court finds
the issue for the plaintiff and assesses the
damage at one hundred dollars and
makes the injunction perpetual, which
decision and finding OF the court is here
hled in writing; and thereupon IL II
ordered and adjudged by the court that
said motion to dissolve the injunction
granted herein, as aforesaid, be and the
same is hereby overruled, and matters
and things alleged and stated in plaintiffs
petition having been proved by the
evidence and the court being satisfied of
plaintiffs right and title in and to said
public square, embraced in block number
seventy four, and also in and to lots num-
Der l, 2, 3, A, 5 and 6, in block number
thirty seven. 1t Is therefore decreed
ordered and adj judged that the injunction
granted herein against defendants, her
agents, officers and committees, be, and
.he same is hereby made perpetual; and it
8 further decreed, ordered, and adjudged
hat the plaintiff recover against the
defendants the said sum OF one hundred
dollars for her damages sustained by said
plaintiff, by reason of the wrongful acts
md trespasses complai ned of in plaintiffs
petition; and also her costs by her in thia
uit expended, and that said plaintiff have