Manrose v. Parker

Citations

• 90 Ill. 581

Syllabus

<p>1. Dedication—building fence through mistake of line. Where a public road is laid out on a section line, sixty feet wide, and the owner of land on one side thereof, in inclosing his land, intends to give thirty feet for his half of the road, but, through ignorance of the section line and by mistake, puts his fence some sixty feet from such line, which remains there about eighteen years before he discovers the mistake, he will not be held to have dedicated the entire sixty feet outside his fence, but only thirty feet from the section line.</p> <p>2. Highway—by prescription. Where a road sixty feet in width is laid out with its centre on a section line, the claim of the public, without regard to where the road runs, and is worked and traveled, will be referred to their legal claim of right, that is, as the road was laid out, and no title by prescription will be acquired by the use of the road a few rods oif such line for a period of twenty years. To give such a title, the public use must have been twenty years under a claim of right, and there must have been acquiescence by the owner of the land in the user.</p> <p>3. Instruction-—-making modification as by the court. It is not necessary that an instruction should show a modification was given by the court, and words so indicating should be omitted, but the error is not so material as to justify a reversal.</p>