The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-03-07
LAFAYETTE COUNTY'S TITLE.
A Complete Resume of all the Records and
History Connected With the Title
to the Court House Square.
Higeinsvies Manufactured Trash About the Title Turns
Out to be a Boomerang-Read, Reflect and Reason
and then Compare the Canard Circulated by
Hippinsvies 'ETokened Press,''
With the Law and Facts.

the county court of said Lafayette county
and filed and deposited such map an
plat of snch addition to Lexington will
| the recorder of deeds for said county o
Lafayette on the 28th day OF April, 1888
as required by said act of the Genera
Assembly of Missouri, approved February
10th, 1885, aforesaid. On which said MAP
and plat of said addition" to the town Of
Lexington, block number seventy-foul
GA, being three hundred (300) feet in
width from east to west and two hundred
(200) feet in depth from north to south
was marked, named, expressed and desig-
mated as the public square" By the 4th
section OF which said act of the General
Assembly concerning plats OF towns and
villages" approved February Goth, 1885,
aforesaid, then iu force, it was provided
that "such maps and plats OF such towns
and villages and additions, made, ac-
knowIedged, certIfi ed and deposited with
the recorder, shall be a sufficient convey
ance to vest the fee of such parcels of land
as are therein expressed, named or in
tended for public uses in the county in
situate, in trust and for the uses therein
named, expressed or intended, and for no
other use or purpose"
(R. s. of Missouri, 1886, page 599, Sec. 4. }
And Sec. 6, OF the Act of the General
Assembly of the State of Missouri, enti-
tied, "An act concerning the plats OF
towns and villages" approved February
IL, 1s45, is in the identical language OF
said fourth section of said act of February
20, 1885.
(R. 8. of 1915, page 1855, Chap. 176, Sec.
81
And Sec. s, of the Act OF the General
Assembly of the State of Missouri, enti-
tied, "An act concerning the plats OF
towns and villages" approved November
II, 1855, is in identically the same Ian
guage with said Section a, of the act OF
1885, and the said Section 6, of said act of
February u, 1s45.
(R. s., 1865, Vol. IL, Chap. 1856, pages
1886 6, Sec. 81
So, by operation of law, and by force OF
said act of the General Assembly of the
State of missouri, entitled Gan act con-
cerning plats OF towns and villages" ap-
proved February 20, 1895, aforesaid, the
only authority then given by the law for
making, acknowledging and filing maps
and plats of towns, villages and additions
thereto, and defining and declaring their
effect, the fee of said "public square" and
block "a, Immediately on the acknowl-
edging and depositing of such map of said
addition to the town of Lexington, in the
recorders Office, was vested in Lafayette
county for the public uses named, ex-
pressed or intended. And the words,
"public square, written in and on such
block "a, clearly import that it was in
tended for the use of the 'public" gener-
ally of the county, and not to a limited
part OF the public.
And the memorandum of explanation
and dedication endorsed on said map and
plat of said addition" to Lexington,
signed and acknowledged by said propri-
etors OF said addition, along with and as
part of such map and plat, and which has
been detached and copied by Higgins
ville's "officlal abstracter," and printed
and paraded before the people OF the
as If it was a separate and inde-
pendent deed or conveyance by said pro-
prietors of said town of Lexington, is not
and was never intended as a deed or con-
veyance separate from or as Independent
of said map and plat, but was and is
a dedication memorandum, en-
dorsed upon and made a part of such map
and plat, and by which they attempted to
"give, grant, convey and donate" to the
and trustees of said town the
streets and alleys laid down on said plat
for public highways, because the town
would be bound under the law to keep
them in safe condition for public travel,
and would be liable for any damages that
might arise from want Of proper care In
that respect. But, in separate and dis
tinct clause of such memorandum en-
dorsed on said plat, said proprietors,
without using the words, "give, grant
and convey" dedicated said Block No. "a,
not to said town, corporation, or its trus-
tees, but to the public, for the erection of
public buildings thereon, in the follow
ing words, namely: "And they further
donate Block IA, in said addition, as
public square, for the purpose of erecting
thereon such public buildings as may be
required" which donation or dedication
of said block "a as "public square," aud
for the erection of such public buildings
thereon as might be required, is not in
of said Act OF the General
OF February 20, 1885, which
vested the fee of such public square, in
the county. but is confirmatory and ex-
planatory of such map and plat, by defin-
ing the meaning OF the words "publlc
square" therein to be "public square"
for the erection thereon OF such public
as might be required for the
public, and the county in which the title
thereto was vested.
Such memorandum OF dedication en-
dorsed upon said map and plat cannot
be construed as operating against the
effect of the statute, but must be con-
strued as operating in harmony with
such statute, which vests the title in fee
in the county. Aud il there was any con-
fiict between them, the statute as esSab-
fishing a public policy must prevail. 1t
is only by virtue of the statute that these
town plats can be made and filed at all,
and of course the legislature had the right
to prescribe their effect. And any pro-
vision OF such memorandum OF dedica-
ton, if any, which conflicts with the
statute, would necessarily be void as
against the policy OF the law. 1t was
necessary that the title in fee in and to
such "public square" should be lodged
and the General Assembly
provided that it should vest in the county,
and there it must be and remain as a place
for public buildings.
The act of the General Assembly OF the
state of Missouri, entitled can act to
provide for erecting county buildings"
approved January 29th, 1886, by section
one thereof. provided that there should
'pe erected in each county, at the estab
Iished seat OF justice thereof, good and