Lull v. City of Chicago

Citations

• 68 Ill. 518

Syllabus

<p>1. Stbeet—whether its location is determined hy monuments, or measurement as shown in plat. The statute having required persons laying out additions, etc., to towns or cities, to mark the location of streets and public grounds by stones set in the ground, from which to make future surveys, when there is a discrepancy between such monuments and the measurements appearing in the plat, the former will govern and control the latter in determining the location of the street. Such stones will be regarded with the same force and binding effect as original monuments erected by government surveyors.</p> <p>2. Same—corporate authorities home no right to change location of. A party laying out land into lots and streets has the right to locate the streets where he chooses, and when he has erected stones to show where a street is located, and staked lots abutting on each side of the same, and sold lots with reference to it, which have been improved, and the location of the street has been acquiesced in for twenty years by the public, the purchasers of the lots, and the city, taking the street in trust for the public, will be bound by the monuments in determining the location of the street, and the city will be enjoined if it attempts to change its actual location.</p> <p>3. Description op land—monuments control as to boundary. Where monuments and admeasurements are both mentioned in the description of land conveyed, the purchaser must hold by the boundaries given by the monuments.</p>