Village of Princeville v. Auten

Citations

• 77 Ill. 325

Syllabus

<p>1. Dedication—of public square in a village. Where the proprietors of land, in laying out and platting a village thereon, left a square blank, without any designation of its purpose, except that it was not divided into lots, and there was no allusion made to it in their certificate, it was held, that this was not a dedication to public use, under the statute, of the square.</p> <p>3. Same—at common laio. Where the plat of a village showed a square, not divided into lots as the other blocks, with no designation of its use, and the proof showed the sale of lots around the same at an enhanced price, and an intention to dedicate the square to public use, and a long acquiescence in the use of the same as a public park, this was held to be a dedication, at common law, to the public use.</p> <p>3. Same—right to divert from original purpose. In the absence of any custom or usage having the force of law, the mere fact that a block in a country village is dedicated, by the original proprietors, for a public square, does not, of itself, confer upon the village trustees authority to appropriate it, in whole or in part, as a site for buildings for corporate purposes, against the wishes of any citizen interested.</p> <p>4. Same —pm'ol evidence to show purpose of. Where nothing appears to indicate for what purpose a grant or donation of land is made to the public, parol evidence is admissible to show the object to which it was to be devoted. Where the intention is made manifest, at the time of the dedication, as to the use, extrinsic evidence will not be received to show an intention to devote the land to a difieren! use.</p> <p>5. Same—diversion from use intended, enjoined. Where a block in a village plat was left blank, without words showing its use, so that it was not a dedication to the public, under the statute, but proof of the contemporaneous declarations and acts of the original proprietors clearly showed that they intended the same should remain an open square, for the