Year: 1868

MEssRs. EDITORS: The following are
the words explaining the dedication of
Exchange Square, as taken from deed
made by the original proprietors of Mem
phis, which is of record in Book B, page
III, Registers Office of Shelby county;
"As to the public squares, it was the in
tention Of the proprietors they should
forever remain as public grounds, not
subject to private appropriation, but pub
lie uses only. According to the import of
the above expressions: Court, Exchange
and Market Squares"


The following is decree of the Chan
Gerry Court Of the city of Memphis in the
case of the city of Memphis We. Wardlow
Howard, in which case Mr. Howard had
built cotton shed on the public ground
dedicated by the same deed from which
the above abstract is taken:


The Mayor and Aldermen of South Memphis
Wardlsw Howard and Joseph Kent. jr.


Be it remembered, that on the 7th day
of March, 1854, this cause came on to be
heard before the honorable the Chan
Gerry side of the Common Law and
Chancery Court of the city of Memphis,
upon the bill of complaints, answers OF
defendants, registrations and proof in
the cause and in the presence of eoun-
sci on both sides; and thereupou it sp-
pearing to the satisfaction of the Court
that the defendants have taken posses
sion of the following described piece
of ground, situated in the city of Mem
phis, county of Shelby and State of Ten
! nessee, and within the limits of the filing
! of this bill, said piece of ground lying
about sixty feet west of the western
boundary line of the original lot known
and designated on the plan or map OF
the division of the original proprietors
of Memphis, as lot No. 49l, and
extending nearly north and south
parallel with said western boundary line,
two hundred feet by breadth of one
hundred feet, and have, at the COM
meucement of this suit, in part erected q
cotton shed thereon; and, it further ap-
pearing that said ground 80 taken pos
session of by the defendants as aforesaid,
and upon which said cotton shed stands,
was public ground, which was laid off,
together with other and surrounding
ground, and dedicated to the public use
by said original proprietors of Memphis,
as early as 1929; and that said public
ground, so dedicated, has continued to
be used as such ever since said dedica-
ton, until taken possession of by said
defendants, about the time of the COM
mencement Of this suit, and that said cot
ton shed is, therefore, a nuisance ; and that
said defendants have, in the erection OF
said cotton shed, trespassed upon public
grounds within the corporate jurisdiction
of South Memphis at the commencement
of this suit, and now within the corpo-
rate limits of the city of Memphis.


1t is therefore ordered, adjudged and
decreed that said nuisance be abated by
the defendants by their removal OF said
cotton shed and every erection or OBJ
struction placed by them on said public
grounds and in their default in so doing
within the space of sixty DAYS that then
the Sheriff Of Shelby county do proceed
to abate said nuisance at the cost of de-
PENDANTS, whittier he will report to the
next term of this court; and now at the
instance of the defendants it is ordered
that it be referred to the Clerk and Mas
ter to take and state an amount of the
value of the improvements or ameliora-
ton put upon said ground so taken pos.
session of by them going to beneht said
ground for public use and also of the
value of the rents and profits OF said
ground accruing to said defendants
whilst in possession Of said ground and
report the same to the next term OF this
court.


From the foregoing decree rendered
by the Chancery Court at Memphis, an
appeal was taken to the Supreme Court
of Tennessee. And here is what the Su-
preme Court of Tennessee says:


This day came on this cause to be
heard upon appeal from the decree OF
the Common Law and Chancery Court
of the city Of Memphis, on the equity
side, and it appearing that in said de-
cree there is no error, and that the COM
plainants are entitled to the relief granted
them in said decree, it is therefore Or
dered and decreed that said decree set
Ting the rights of complainants and
granting them relief, and decreeing that
the improvements erected by defendants
be abated-be in all things affirmed: that
the rights of complainants be declared
established as therein deereed, and that
said cause be remanded to said Common
Law and Chancery Court, on equity side,
where said decree shall be carried OUT
and enforced. But that so much Of said
decree as directs an amount to be
taken of the value Of the improve
meuts and ameliorations put by the de-
feudants upon the land in dispute,
and Of the rents and profits be set aside
for nothing held and in said court below,
no amount shall be taken thereof But
this is not to prejudice any rights which
the defendants may have to set up their
claim thereto by suit hereafter. The
sixty days allowed defendants TO remove
said erections shall be counted from this
day, and if not rendered in that time,
said court below shall proceed 10 Abate
the same By order TO the sheriff and il
is further ordered By the court that the
complainanis, and A. B. Tyler, their
surety for the prosecution Of the suit, pay
one half Of all the cost in this course and
that the defendants, and K Z. Brinkley,