Legal Opinion

Wilson v. Bondurant

Appellate Court of Illinois

Decided December 3, 1891PublishedCited by 1 opinion

In error to the Circuit Court of Ford County; the Hon. Alfred Sample, Judge, presiding. Bill filed June 30, 1890, by John Wilson, plaintiff in error, recites that he is a resident of Ford County, Illinois, and for twenty years last past lias been the owner in fee of the S. E. J- of Sec. 24, Township 24 Forth, Range 9, East of the 3rd P. -M., in said county; that along the east side thereof, running north and south, is a highway, on the line between the connties of Ford and…

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In error to the Circuit Court of Ford County; the Hon. Alfred Sample, Judge, presiding. Bill filed June 30, 1890, by John Wilson, plaintiff in error, recites that he is a resident of Ford County, Illinois, and for twenty years last past lias been the owner in fee of the S. E. J- of Sec. 24, Township 24 Forth, Range 9, East of the 3rd P. -M., in said county; that along the east side thereof, running north and south, is a highway, on the line between the connties of Ford and Iroquois; that said highway is under the jurisdiction and control of the commissioners of highways of the town of Wall in…

1Opinion of the CourtWall, P. J.

The bill was predicated upon Sec. 4 of the act approved June 4, 1889, (Sess. Laws 1889, 116,) and the question is whether the facts alleged present a case within that section.

The first section of said act provides, that whenever any open ditch has been or shall be constructed by mutual license, consent or agreement of the owner or owners of adjoining or adjacent lands, either separately or jointly, so as to make a continuous line upon, over, or across the lands of said owners, or where the owner or owners of adjoining or adjacent lands shall, by mutual consent, etc., be permitted to connect a…

2Cases cited1 opinion

  1. Peck v. HerringtonIllinois Supreme Court · 1884

3Cited by1 opinion

  1. Johnson v. CunninghamAppellate Court of Illinois · 1895

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