Illinois Central Railroad v. Indiana & Illinois Central Railway Co.

Citations

• 85 Ill. 211

Syllabus

<p>1. Grant—of land can only be by deed or contract. Where a railway company, in conveying a tract of land owned by it, reserved a strip of land on each side of its track, and another strip crossing the first, for railroad purposes, upon which another company, some sixteen years afterwards, laid the track of its road by permission, it was held that this reservation passed no title, legal or equitable, to the latter company, as to any of the strip not actually occupied by it.</p> <p>2. Possession—extent, when taken without evidence of title. Where a person claims possession of real estate without a deed or other instrument in writing calling for boundaries, his possession will not extend beyond what he has inclosed or actually occupies. Where a railway company constructs its track over the land of another, and erects buildings thereon, without any written evidence of title, and does not inclose the same, its possession will be limited to the ground actually occupied.</p> <p>3. Dedication—to railway company, by plat. The statute providing that streets, alleys and public grounds so designated on a town plat, when properly certified, etc., shall operate as a conveyance in fee to the public, does not apply in favor of individuals or private corporations. Therefore, if a deed for land reserves a strip of land for railroad purposes, according to a diagram which shows the name of the railway company, it will not operate as a conveyance of the strip to the company, or a dedication. Such a reservation, if it states that it, or any portion of it, was for the sole use of the company, might possibly operate as a declaration of a trust enforcible in equity, but this point is not decided.</p> <p>4. Eminent domain—law in respect to railroads construed. The general railroad law authorizing the purchase of lands for right of way, etc., the acceptance of donations for the same purposes, and giving the right to take possession and use such lands, does not mean that, if an owner permits