The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-03-07

''public squarep in the addition to the
town of Lexington by virtue of the map
and plat thereof, fifty years ago, and law
fully and rightfulIy erected a Jail, court
house and fire proof clerks offices thereon,
enclosed the same with a substantial
fence, ordered all other buildings removed
and that no others should be erected
thereon, but that the original town of
Lexington and the addition" thereto.
were by the legislature incorporated into
one city in March, 1s45; and that the
legislature repeatedly recognized the "city
OF Lexington" as the county seat, and the
public square therein, as the proper place
for the public buildings for said county
and the place for holding the courts
therein so as to leave no DOUBT in any
rational mind as to the ownership of the
county of said "public square, known as
block "a as enlarged by the six lots in
block 81 of said addition, with the build.
ings thereon, and that the courts OF the
county are properly held at the court
house on said "public square,"
The legislature evidently intended when
it authorized the sale OF the public
square" and the old court house and
clerks office thereon, that a new court
| house would be erected on the "public
square" In the city of Lexington, and that
that was to be the seat OF justice and place
for holding the courts in Lafayette county
| as by the same act in which it authorized
| the sale of the old court house and clerks
Office it recognized the 'stone building
On said "public square," in the city of
Lexington as "the common Jail of Lsfay-
cite county" Yet these questions do not
depend alone upon said town plat, records
and statutes above cited, as conclusive as
they are, but the title OF Lafayette county
to said "public square' in said addition to
the town of Lexington as enlarged by said
six lots in block 81 added thereto by the
trustees of said town, as well as the ques-
tion of the authority of the county court
to erect the court house, jail and clerks
Office thereon, and the right to hold the
courts OF Lafayette county at the court
house in the city OF Lexington, have been
| solmnly adjudicated and finally deter
mined by the proper courts of this state.
The city of Lexington, by its mayor and
| counciimen, by an ordinance thereof, ap-
proved on the eighth day of July, 1850,
as amended by an amendatory ordinance,
approved on the 9th of July, 1850, UNDER
took and attempted to widen Franklin
street therein, by taking off a part of the
south side OF said public square and con-
demning the same for the erection of a
public building for said city, namely: a
Market House thereon, and was proceed
ing to take possession of a part of said
"public square" for that purpose; where
upon, Lafayette county, on the fourth day
of October, 1850, as plaintiff, instituted its
suit of Injunction in the circuit court of
Lafayette county against "The Mayor,
Councilmen and Citizens of the City of
lexington" as defendants, by petition,
signed by Saml l.. Sawyer, circuit attor-
ney, on behalf of said county, and sworn
to by William Spratt, as agent for said
Lafayette county, as plaintiff. In and by
which petition said Lafayette comfy
averred that some time in the beginning
of the year 1888, George Houx, James II.
Graham, William Anderson, William
Spratt and James Aull, as trustees of a
company of individuals formed for that
purpose, made an addition to the town Of
Lexington in said county, known as ''Tbs |
Addition to the Town of Lexington" and |
on the 2Sth day of April. 1898, thereafter, |
filed in the Office of the recorder of said |
county, plat of said addition, from which |
plat the plat filed 18th such petition,
marked "a" is a true and correct copy. |
being a copy of Block "a, in said addi
tion.) And averring that Block No. IA, |
copied in such extract, was originally laid |
off and entered in said plat as the public |
square, and by said trustees and company, |
intended and dedicated for public use for |
the purpose of a Court House, and by the
trustees and company intended and de-
signed TO be under the control of Lafay-
cite county, for the purpose aforesaid. |
That after making said plat, and after the |
same was filed, said parties and company,
satisfied that the public interest, conven-
fence and accommodations of the inhabit- |
ants would be promoted, and the interest |
of the company as we'll as the value of lots |
near and adjoining lots l, 2, 8, 4, and 6, |
in block 81, would be greatly enhanced by |
adding such lots 1, 2, 8, 4, and to the |
public square, said trustees did some |
time in the year 1888 or 1899, and before |
the Goth day Of May, 1889, add said lots l,
2, 3, 4, 8 and to the public square; and |
opposite said lots on the plat book of said |
trustee, James Auil, then one of the trus-
tees, and acting as their clerk and having
the custody and keeping of said plat book,
by authority OF the trustees, made an en-
try in the following words, namely: |
"Added to the public square," And that
afterwards, on the Goth day OF May, 1889,
when the trustees were selling and super
intending the sale at public auction of
lots near and adjoining said lots so added
to the public square, 1t was repeatedly
proclaimed publicly in the presence and
hearing of the bidders, that said lots were
added to and made a part of the public
square.
That these repeated proclamations were
made by authority of the trustees and
made for the purpose ofinducing higher
price for the lots near and ad dioining the
pnblic square and the lots so added
thereto. That said trustees and company
from the time said six lots were added to
the public square and dedicated to the use
of the county as aforesaid, suffered the
ground embraced by such lots to remain
open and made no mark by putting up
any visible bar or distinction, showing
any purpose of preserving their rights
over the same, but on the contrary with
held said lots from sale and left them for
the free use and occupation of the county,
and 80 remained possessed and controlled
by the county until the defendants by its
officers and agents invaded the posses
sions and just rights of the plaintiff,
Lafayette county. That at the time said
addition to the town OF Lexington was
made and filed, and at the time said lots
1, 2, 3, 4, 5. and 6, were added to the public
square, the county seat of Lafayette
county was at or in the town of Lexing
ton, and said trustees anxious to have the
court house erected on said addition, pro-
posed to the county court to erect for the
county and public court house therein
at their private charge and cost, which
the county court declined. And said
trustees, satisfied that the public interest
and convenience would sooner or later
require the removal of the court house to
said addition to the town of Lexington,
permitted and left said public square,
by the addition of said six lots,
to remain open and free for the of
plaintiff, Lafayette county, for court
al k.tfI Infr