Baugan v. Mann

Citations

• 59 Ill. 492

Syllabus

<p>1. Dedication—5y whom. A primary condition of every valid dedication is that it shall be made by the owner of the fee.</p> <p>2. Evidence—sufficiency, to show title. In a suit to enjoin the defendant from erecting a huildiug on a certain parcel of ground, on the allegation that the locus in quo liad been dedicated as an alley by a former owner of the fee, from whom the complainant deduced title to a lot adjacent to such alley, it was not shown that the person who made the alleged dedication had title to the premises, nor did it appear that the defendant claimed title under him, so the complainant failed in his proof, it being essential to the validity of the dedication that the person making it was the owner of the fee.</p>