Hamilton v. Chicago, Burlington & Quincy Railroad

Citations

• 124 Ill. 235
• 15 N.E. 854

Syllabus

<p>1. Dedication—by plat for streets—acceptance in order to pass the fee—conveyance of lots before acceptance—where the fee resides. In order to make a complete dedication of streets and alleys by the making, acknowledgment and recording of a town plat, the acceptance of the municipal corporation is necessary. Until acceptance, the fee does not vest in the corporation, but remains in the original proprietor.</p> <p>2. A conveyance of lots upon a street by the original proprietor, where there has been no acceptance by the corporate authorities of the streets marked upon the recorded plat, will carry title to the center of the street. The fee in the street, not absolutely, but as burdened by the offer of dedication, will pass to the grantee.</p> <p>3. Where no acceptance was ever made of streets and alleys attempted to be dedicated by a plat of a town properly executed and recorded, and before vacation of the plat and streets, the proprietor of the town conveyed to purchasers all the lots and blocks indicated on the plat, it was held, that the title to the streets, although never having vested in the corporate authorities, did not revert to the original proprietor, but passed to those parties succeeding to the title to the lots.</p> <p>4. Same—former decisions. The statements made in Canal Trustees v. Havens, 11 Ill. 556, Hunter v. Middleton, 13 id. 54, and Gebhardt v. Reeves, 75 id. 301, to the effect that the making and recording of a town plat, showing streets thereon, passed the title to the streets to the municipal corporation, are to be regarded as stating the effect of a statutory dedication, without deciding what will constitute such a dedication. There must besóme act showing an acceptance, before the fee in the streets will pass.</p> <p>5. Pasties—in ejectment—new party defendant—when proper. A person who has made a conveyance of land with a warranty of title, is properly-admitted as a co-defendant in an action of ejectment against his grantee, with the part