Schmidt v. Brown
Illinois Supreme Court
Appear from the Circuit Court of Massac county; the Hon. W. W. Duncan, Judge, presiding. This is an action of trespass quare clausum fregit.
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Appear from the Circuit Court of Massac county; the Hon. W. W. Duncan, Judge, presiding. This is an action of trespass quare clausum fregit. The defendants set up the claim that the locus in quo was a private way of defendants, and that they entered peaceably and without unnecessary force to remove obstructions wrongfully placed therein by the.plaintiff; also that the way was a public highway, and that the supposed trespasses were justifiable in removing obstructions from said highway so wrongfully placed there by the plaintiff. The cause was tried by the court without a jury. The court found…
1Opinion of the CourtJustice Vickers
By appellant’s second and appellees’ fourth propositions of law submitted, the trial court was asked to declare the legal effect of the contract between Peter Smith and Dr. Brown of 1883, set out in the foregoing statement. Appellant asked the court to hold that the effect of such agreement was merely to give Brown a parol license, which was revocable. The court refused to so hold, but held, as requested by appellees’ fourth proposition, that the way in question had been used as a private way for more than twenty years under an. agreement with the owner of the land, Peter Smith, made in 1883,…
2Cases cited7 opinions
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