Gosselin v. City of Chicago

Citations

• 103 Ill. 623
• 1882 Ill. LEXIS 220

Syllabus

<p>1. Dedication fob streets—what becomes of the fee. A statutory dedication vests the legal title to the soil, marked and properly designated for streets, in the city, while a common law dedication leaves the legal title in the original owner.</p> <p>2. Same—insufficient acknowledgment of plat—estoppel—common law dedication. The owners of land laid out into lots and streets by an agent not authorized to acknowledge the plat thereof, by the sale of the lots will be estopped from questioning the existence of the streets. Such acts will constitute a dedication at common law.</p> <p>3. Town plat—acknowledgment by attorney in fact—its effect. Under the “Act providing for the recording of town plats,” in - force February 27, 1833, an attorney in fact was not authorized to acknowledge such plats, and a plat so acknowledged will not vest the legal title of the streets in the corporation.</p> <p>4. Power of attorney to sell and convey—extent of authority given thereby, A power of attorney to sell and convey real estate simply, confers no power to lay off the same into town lots, so as to vest the fee of the streets in the municipality for the use of the public, nor does it authorize the agent to make a partition.</p>