Rock Island & Peoria Railway Co. v. Dimick

Citations

• 144 Ill. 628
• 19 L.R.A. 105
• 32 N.E. 291
• 1892 Ill. LEXIS 1188

Syllabus

<p>1. Specific performance — proof and clearness of the contract. To entitle a party to specific performance,' the contract must be clearly proved and be certain and unambiguous in all its parts and terms.</p> <p>3. Injunction—jurisdiction of a court of equity to protect party's rights. Where a party granted a right of way over his land to a railway company, taking back an agreement in writing to perpetually maintain certain openings under the road as passage-ways for stock, and a successor of the company, through a judicial sale, was about to close such passage-ways, it was held, that a court of equity had jurisdiction to protect the land owner in the enjoyment of his rights under his contract by enjoining the closing up of such openings or passage-ways.</p> <p>3. Contract — for passage-ways under railroad — its certainty. When at the time of the execution of a deed granting a railway company a right of way across the grantor’s farm, and the execution by the company of an agreement to make and maintain two passage-ways under its road, the road was graded and built, leaving open two such passage-ways, it will be presumed that the contract relates to the ways then existing, and such contract will be as capable of being enforced as if the size; nature and location of the passage-ways bad been definitely inserted in the contract.</p> <p>4. Possession — notice of possessor's rights. The open and exclusive possession of lands under an apparent claim of ownership, is notice to those subsequently dealing with the title, of whatever interest the possessor has in the premises, whether the interest be legal or equitable in its nature. And if the grantor of land remains in possession after conveyance, purchasers from the grantee will be affected with notice of the grantor’s rights in the land.</p> <p>5. Same — as notice of an easement reserved. The doctrine that the tenant in possession will not be permitted to assert a claim inconsistent with his recorded deed, does not apply