Todemier v. Aspinwall

Citations

• 43 Ill. 401

Syllabus

<p>1. Highways—what sufficient description of road ordered tote laid out. The description of a road proposed to be laid out is sufficiently certain, where from the whole proceedings had thereon, taken together, there appears no difficulty in locating the same.</p> <p>2. Same—of assessment of damages for laying out road. Where a road was ordered to be laid out, through lands belonging to an estate, an assessment of the damage to the heirs of such estate, is proper and legal.</p> <p>. 3. Same — separate damages to widow—cannot be assessed. In such case, separate damages cannot be assessed to the widow on account of an unassigned dower interest. An adjustment of the equities between the fee and the contingent right of dower must be left to the widow and the heirs.</p> <p>4. Public officers—mil be presumed to have performed their duties, unless the contrary appears. In support of a bill for an injunction against public officers, this court will presume that they have performed their duties as required by law, where the record discloses no proof to the contrary.</p>