Zearing v. Raber

Citations

• 74 Ill. 409

Syllabus

<p>1. Street—lots sold in reference to. Where the owner of land has the same platted, showing a street, and sells a part with reference to such street, which is mentioned in the description in the deed, although the street is not opened, or the map thereof acknowledged or recorded, this will be an immediate dedication of the street as to such purchaser, and the grantor and all persons claiming under him will be estopped from denying the existence of the street.</p> <p>2. If land is conveyed as bounded on a street, this is not merely a description, but an implied covenant that there is such a street, and the grantor and those claiming under him are forever estopped from disputing the existence of such street.</p> <p>3. Chancery jurisdiction — to preserve me of street. Where lots are sold with reference to a street abutting the same, a court of equity will interfere to prevent a party claiming under the original owner and grantor from destroying the full use of such street as originally designed.</p>