Smith v. Town of Flora

Citations

• 64 Ill. 93

Syllabus

<p>1. Dedication—written grant not necessary. It is not necessary, to constitute a dedication, that there should be a grant in writing. When made to the use of an unincorporated town, or to the public—a body incapable of taking by grant—th'ere can be no grant to express the intention.</p> <p>2. Same—by acts in pais—estoppel. When a party owning lands does such acts in pais as amount to a dedication, he will be estopped from denying such dedication; and when made and accepted by the public, it is irrevocable.</p> <p>8. Same—how proved. Dedications maybe proved in every conceivable way—by survey and plat alone, by grant, by user, and by the acts and declarations of the owner. They may be shown by matter in pais, consisting of the acts -and accompanying declarations of the owner; and acceptance may be proved by user of the public or by the acts of officers. They maybe inferred from length of user and acquiescence of the owner; and such acquiescence will also estop the grantee of the owner-</p> <p>4. Same—-facts amounting to a dedication. The persons holding the legal title to lands through which a railroad company had acquired a right of way, laid off'the same into town lots hy a plat which was-recorded, leaving strips on each side of the right of way, with lots abutting the same. The owners afterwards sold numerous lots with reference to this plat, and the houses erected generally had their fronts on this vacant ground. There was an acquiescence in this plat for ten years, during which the original proprietors paid no taxes on such vacant ground: Held, notwithstanding defects in the plat, and its acknowledgment, that the sale of lots by the plat, the long acquiescence, the non-payment of taxes and neglect of the proprietors to assert any claim of ownership to the vacant, space, clearly indicated an intention to adopt the plat and to make the dedication of the vacant strip to the use of the public.</p> <p>5. Same—acceptance. And where the railroad company used the grou