Turpin v. Dennis

Citations

• 139 Ill. 274
• 28 N.E. 1065

Syllabus

<p>1. Highway—right to obstruct to protect crops. A party has no right to use or obstruct a road which is appurtenant to his and other persons’ lands or lots, for the purpose of protecting his crops. He will have no right to place gates upon such way for any purpose, and thereby obstruct its free use.</p> <p>2. Laches—obstructing an easement—delay in remedy. Where the defendant is not misled to his injury, or in any manner placed in a worse position by the delay of the complainant in filing his bill to enjoin the obstruction of an easement or road appurtenant to his premises, and there is no proof of such a denial or absolute obstruction of his rights as to require him to act more promptly, a court of equity will not refuse relief on the ground of such delay.</p> <p>3. Plat—in partition—estoppel. A party who derives his title under a partition proceeding, and whose deed describes his lots according to a plat of the lots and a road made by the commissioners, can not be permitted to say that such plat is void for want of authority in the commissioners to lay out such road.</p> <p>4. Partition proceedings—questioned collaterally. An error or irregularity in a partition proceeding, not going to the jurisdiction of the court, can not be taken advantage of in a collateral proceeding. The power of the commissioners to plat a road over the land divided can not be questioned collaterally.</p> <p>5. Chancery jurisdiction—questioned by demurrer. If the defendant in a bill to enjoin the obstruction of a way desires to question the jurisdiction of the court on the ground that there is a complete remedy at law, he should do so by demurrer. If he proceeds to a hearing without raising the objection it can not be availed of on demurrer, the subject matter of the suit not being wholly foreign to equity jurisdiction.</p> <p>6. Chancery practice—objection as to parties, too late on appeal. An objection that proper parties were not made defendants in a bill comes too late on appeal or w