Field v. Carr

Citations

• 59 Ill. 198

Syllabus

<p>1. Dedication of a street to the public—what constitutes. In the year 1817, the owner of the land on which the town of Golconda, in Pope county, in this State, is situated, laid off the same into town lots, streets and alleys, and made and recorded a plat of the town thus laid out. A memorandum was endorsed on the plat, defining the width of the streets and alleys, “ excepting Water street, which includes all of the ground from the front lots to the river. ” The plat was not signed or acknowledged. At that time there ivas no statute regulating the execution of town plats. This was held to be a sufficient dedication, by the common law, to the public, of all the ground between the lots fronting on the Ohio river, and the river itself.</p> <p>2. Same—estoppel—subsequent conveyance. The vendor of the party who thus laid out the town, having filed a bill in chancery to subject the lots to the paj'ment of the purchase money, and the sale under the decree in that suit being made according to the pint, purchasers at such sale would be estopped to deny the validity of the plat, and a conveyance by the commissioner who executed the decree, of the ground so dedicated to the public, would pass no title thereto.</p>