Dempsey v. Donnelly

Citations

• 58 Ill. 40

Syllabus

<p>1. Highways—laying out a road—requirements under act of 1835. The 9th section of the act of 1835, entitled, “An act concerning public roads,” requires an order of the County Commissioners’ Court to locate anew road, and to alter or vacate public roads, (State roads excepted), and when the proceedings had under said act, to lay out and establish a new road, merely show the petition for the road, the appointment of viewers, and their report, such proceedings are insufficient to establish the road, and are void.</p> <p>2. Same—effect of subsequent proceedings based, upon the original proceedings. Nor will any subsequent proceedings, “ to alter, re-locate and open said road,” which are based upon the assumption that the road then existed by force of the former and original proceedings, have the effect to establish such highway.</p> <p>3. Same—prescriptive rights—how confined. And in such case, an action will not lie for obstructing the roaú.. claimed to be in existence, but not in use by the public, because there exists a prescriptive right in the public to use some other portion of the laud as a road. Such right, if it exists, is confined to the point of travel.</p>