Kyle v. Town of Logan

Citations

• 87 Ill. 64

Syllabus

<p>1. Evidence—surveyor’s certificate. There is no statute making the certificate of a county surveyor evidence in a cause. A copy of his record of a survey is made prima facie evidence.</p> <p>2. Same—survey of road. A survey of a road, made some eight years after the land owner had made Ms fences, with a view to a prosecution against Mm for having his fence in the highway, and to manufacture evidence, seems not properly admissible in evidence against him.</p> <p>3. Dedication—proof must be clear as to intent. To show that title is acquired to land for a public road by dedication, the proof should be very satisfactory either of an actual intention to dedicate, or of such acts and declarations as should equitably estop the owner from denying such intention.</p> <p>4. Same—owner of land, alone can make. A dedication of land for a public highway can be made only by the owner of the title to the ground. What any one in possession may have said, indicating an intention to dedicate, without proof that he was the owner, amounts to nothing.</p> <p>5. Same—of vacant land for road. The public does not acquire a public road over vacant and unoccupied land by travel over the same for twenty years or more, merely from acquiescence on the part of the owner.</p> <p>6. A dedication from a user for twenty years, or. for a less time, may be presumed; but acquiescence, with a knowledge of such use by the public, without objection, is not conclusive evidence of a dedication. The presumption arising from such fact may be overcome by any other proper evidence.</p>