The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-03-21
a deed to the city of Lexington as a

lAhO" NAbNI Va AASAAhSNOhS "A 49,
signed by the prOprietors of said add
ton, acknowledged by them before tn
clerk of the county court, certified t
and deposited as part of said map, wit
the recorder of deeds of Lafayette coun
ty, on the 18th day of April, 1888, an,
by virtue of which and by operation
of law the title in fee in and to sal,
''public square, was vested in L-afay
cite county.
This 'jurist' of the Corder Dispatcl
gravely asks: as it not a usual thinl
where a Judge hands down his opinion
in a case that he signs his name at tn,
bottom of his opinion? We do not fine
where the judge of Ray county attached
his"
We answer, it is not usual for {
Judge of a circuit court to ''hand dowr
his opinion at all; he merely, as a gen
eral thing, announces his decision yer
bally-that is, finds for the plaintiff o.
defendant in a suit, and the clerk enter:
up Judgment accordingly. Nor does
circuit court judge sign his name to the
judgment in each separate case, but
only signs the record-sometimes, OF
each days proceedings, sometimes al
the end of a week, or sometimes moi
until the end of the whole term. And
this, the courts have decided, is a sufii.
cient signing of the record.
But while it is unusual, in the partic-
ular ease in controversy, of Lafayette
County against the Mayor, Councilmen
and Citizens of the City of Lexington, y
involving the question of the title Of the
county to the public square" in the
addition to the town (now city, of Lex
ington, on which the court house, Jail
and clerks offices are built, decided in
the Ray circuit court, in July, 1852, as
il anticipating that in the lagos to
come some deceiver might arise and
question the valitity and nature of his
decision, the judge of that court, the
Hon. Geo. w. Dunn, took the precau-
ton. in addition to the usual entry
made by the clerk, to make written de-
cisions and findings in h case, and to
sign his name to the same, which were
filed in the cause on the eighth day of
July, 1852, the same day the judgment
and decree of the court was entered by
the clerk, as contained in the certified
of the transcript and judgment of
the court in that cause, quoted from in
our original article, which written de-
cision is referred to; ON the judgment OF
the court as entered by the clerk, and
which, since the publication of our
original article, we have procured from
the clerk of the Ray circuit court, under
the order of the judge thereof, and will
herein below publish, for the edifcation
and enlightenment of the ''jurist" editor
of the Corder Difpatch; and we will
also print herein the original instruc-
tions, or declarations of law given by the
court in that on the point here in
controversy, which we have also OBJ
tanned in the same manner from said
clerk, as follows:
Lafayette County-Plaintiff,
The Mayor, CounciImen and Citizens of
the City of Observation-Disclosures.
the Ray Circuit Court, Special Ad-
~journed Session, Thursday, July Sth,
1852.
Instructions or declarations OF law given
by the court on the part of plaintiff, Ia
county:
/. .'That the plat in proof, as acknowl-
certified and deposited with the
of Lafayette county, from the
lime the same was so acknowledged, GER
lifted and deposited with said recorder,
a an f7ciQnE nvauQnCa tn vest and
lid vest the fee of block "a, of
said plat, marked herein ''public
in b county of Lafayette, in
rust and for the uses in said plat, and the
Inducements therein named, expressed
,r intended, and for no other use or pur-
2. 1.-THE writing endorsed on said plat
lid not and does not operate to pass or
rest the title of said public square in the
of Lexington, or the trustees
Instruction or declaration of law given
oy the court on the part OF defendants,
,he mayor, councilmen and citizens of
city of Lexington:
"That to entitle the plaintiff to a per-
petual injunction in this case, the plain
iii must show q valid and permanent
light of possession, and a valid and con-
interest in and to the property In
controversy"
Whereupon, after argument by counsel
IN both sides, the court made the follow
.ng finding in writing, namely!
"The court 1ndst the issue for the plain
.iff, and assesses the damages at one
,undred dollars, and makes the i%njunc-
(signed5 GEORGE W. DUNN.
Judge"
Marked, Filled sth July, 1852"
"R. EVER, Clerk"
And at the same time the chancellor.
Judge Dunn, prepared, signed and had
He'd by the clerk the following written
decision of the court. namely:
The County of Lafayette
against
The Mayor. Councilmen and Citizens Of
the City of Lexington"
"Now at this day this cause came on for
hearing on the petition, answer. ex:
and evidence; and defendants'
to dissolve the injunction granted
by consent, was taken up for
at the same time. And neither
,arty requiring q jury, the cause Is tried
~ the court, and the cour finds the issue
Is follows:
'The court finds the issue for the plain
if, and assesses the damages at one
hundred dollars, and makes the injunc-
perpetual"
And ~thereupon it Is ordered and
hat said motion to dissolve be,
nd tbs same is hereby overruled. And
he matters and things alleged and stated
n plaintiffs petition having been proved
" the evidence, and the court being
of plaintiffs right and title in
nd to sale public square, embraced in
lock No. "a, and also in and to lots 1, 2,
/, 4, 5 aud 6 lin block No. 81, it Is therefore
ordered and adiudged that the
Injunction granted herein against defen-
her agents, officers and committees
"a, and the same Is hereby mad
PERPETUAL; and II Is further decreed,
and adjudged that the plaintiff
ecover against the defendant the sum of
Hundred Dollars, as damages sus-
by plaintiff by reason of the wrong
nj acts ana trespass complained of in
petition, and also her costs
" her in this suit expended, and that
,laintid have thereof execution"
(Signed) GEORGE w. DUNN,
Judge"
On which 10 endorsed the style of said
ause and the words decision of the
and MAI ked "Filed Sth July,
(Signed) ar. SEWER, Clerk"
Both of which said written findings
nd decisions of the court are embraced
the judgment and decree of said Ray
lrcuit court, printed in our former
as taken from the certified copy