Illinois Insurance v. Littlefield

Citations

• 67 Ill. 368

Syllabus

<p>1. Wat—alley, whether a public or private way. Where the owner of lots three and four in a certain block in a city, which adjoined each other, sold and conveyed all of lot four except ten feet on the east side thereof, which was next to lot three, the deed containing this clause: “The remaining ten feet of the east side of said lot being reserved for an alley between the parties to this deed:” Held, that the purpose of the reservation was not for the use of the public, but for the parties to the deed.</p> <p>2. Easement—interest of public in. If A agrees with his neighbor, an adjoining owner of land, that he shall have a pass-way ten feet wide over A’s land, and that it shall be an alley between them, this will give the public no right to the use of the same or create a public easement.</p> <p>3. Dedication—intention must appem\\ A dedication of land to public use may be made by mere verbal declarations, if accompanied by such acts as are necessary for that purpose; but, to make a valid dedication, an intention to appropriate the right to the general use of the public must exist. Where the appropriation is for the use of particular individuals only, and made under circumstances which exclude the presumption that it was intended for the public use, it will not amount to a dedication.</p> <p>4. Same—use by the public, alone, is not sufficient. Where adjoining owners of land agree to reserve an alley between their premises for their own use, the fact that the same for years is open to the public use; that in several conveyances it is described as an alley, and that the owner of the soil never paid taxes on the same, will not bring the alley into existence as a pu.blic easement.</p> <p>5. Same—acceptance essential. In order to establish a dedication of land to the public for a way, proof of its acceptance as such by the public, 0 acting through the proper authorities, is essential.</p> <p>6. Estopped—by recitals in deed. Where a party accepts a deed to land, containi