Scranton v. Minneapolis City
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Scranton v. Minneapolis City
Opinion of the Court
In this action is involved the right of defendant city to maintain a parkway along the shore of Lake Harriet, in front of plaintiff’s premises, and, as an incident, to maintain a fence between a traveled wagon road and the parkway proper. Both parties claim title to the tract of land between plaintiff’s property and the lake, about one hundred feet wide, from a common source one Menage, who owned the same, part of a much larger tract, in 1883. This larger tract, a government lot, he had previously caused to be platted, subdivided, and named “Remington Park.” The plat was never recorded, but from an inspection it clearly appears that certain portions of the parts intended for public places were to be reserved for park purposes. Back of the block in which was located plaintiff’s premises was a public way, designated as “Bellevue Avenue,” but in front there was no public street, unless it was indicated by the fact that the easterly line of block 2, as traced on the plat, was about 100 feet from the lake, and the intervening strip was not subdivided into lots. In 1883 Menage conveyed about three-fourths of an acre of the larger tract to one Hammond, fully and accurately describing it by metes and bounds, and concluding the description by .saying that the premises were the same as those designated on a plat of Remington park as lots 14, 15, 16, and 17 of block 2, which was the fact. The conveyance was duly recorded. The easterly line of the conveyed land, and as a consequence the easterly line of block 2, paralleled the lake, and coincident with this line was a highway, not exceeding twenty feet wide, established by long-continued user and common-law dedication. Between this highway and the shore of the lake was a dense growth of native trees and shrubbery.
Soon afterwards, Menage deeded all of the government lot, except the Hammond tract, to one Beard, who thereupon platted it into lots and blocks, naming the plat “First Division of Remington Park,” and this plat was properly died for record. The land conveyed to Hammond was outlined on the plat as a part of block 10, the distances along its boundary lines being stated in feet and inches. Its easterly line along its length, of about 216 feet, and therefore the westerly line of the highway already referred to, was the easterly line of block 10. On this plat, running from the north end of the government lot along the lake shore and the westerly line of the highway to a point south of Hammond’s southeast comer, was a heavy black line, which,
This brings us to a consideration of the effect of the reference in the Menage-ETammond deed (plaintiff having obtained title to the tract therein conveyed) to the earlier but unrecorded plat; and we assume that this reference was sufficient to put subsequent purchasers, and therefore the city, upon notice of the contents of that plat. We have already stated that when the plat was made, prior to the execution of the deed to Hammond, there was a common-law highway along the easterly line of the tract of land, and that between this highway and the lake shore, some fifty or sixty feet away, was a dense growth of timber and brush; that, although streets and avenues elsewhere on the plat were distinctly designated and named as such, there was nothing on the strip between the Hammond land and the lake to indicate that it was designed, in whole or in part, for public use; and that it clearly appeared from the plat that portions
It is therefore immaterial for us to decide whether Hammond acquired title in fee to the land in front of his premises, subject to the public easement, or obtained no interest in it whatsoever, for in either event plaintiff cannot obtain possession.
The plaintiff further contends, if it be held that the public have an easement in the grounds, that she is entitled to have the fence removed, and to this extent should have relief. If this strip is public ground she has the right of access; but this right is limited. She cannot insist, nor can any one else, that this right is not subject to reasonable restrictions. From the findings it appears that the city has caused openings to be made in the fence, so that plaintiff and the general public can pass through at points but a short distance from her house. It does not appear that she has been unreasonably restricted or limited in the right of access.
Order affirmed.
(Opinion published 60 N. W. 26.)
Reference
- Full Case Name
- Mary Scranton v. Minneapolis City
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- Published