McCann v. Day

Citations

• 57 Ill. 101

Syllabus

<p>1. Right of way—notice of. Where a party purchased, a right of way, and received a written instrument to evidence the fact, and both sides of the way were fenced, and it was in constant use by him, for the purposes of a way, although the writing was not recorded, these facts constitute such notice to a subsequent purchaser as to prevent him from holding the right of way.</p> <p>2. Equity—injunction. In such case, equity has jurisdiction, as the injured party has no adequate remedy at law, and will perpetually enjoin such purchaser from obstructing the right of way.</p>