Kelly v. City of Chicago
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Chief Justice, presiding. This was an application made to the Superior Court of Chicago, by the appellee, the city of Chicago, for a judgment on a certain warrant, issued to collect a special assessment for the opening of Myrick Avenue, from its northerly terminus to. twenty-ninth street.
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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Chief Justice, presiding. This was an application made to the Superior Court of Chicago, by the appellee, the city of Chicago, for a judgment on a certain warrant, issued to collect a special assessment for the opening of Myrick Avenue, from its northerly terminus to. twenty-ninth street. The court below entered judgment against the property, according to the application; to reverse which, the case is brought to this court by appeal. The only objection to the assessment is, that the part of the street proposed to be opened…
1Opinion of the CourtJustice Lawkehce
The only question in this case is, whether there is sufficient 'vidence of dedication, and we agree with the superior court, mat there is not. As this court has in several cases said, in order to justify us in holding that title has been divested by dedication, the proof should be very satisfactory, either of an actual intention to dedicate, or -of such acts or declarations as should equitably estop the owner from denying such intention.
In this case, although a road-way or street was thrown ■up -in 1854, by digging ditches on each side, yet Myrick, the owner, was, at the time, out of the…
2Cited by12 opinions
- Coburn v. San Mateo CountyU.S. Circuit Court for the District of Northern California · 1896
- Kyle v. Town of LoganIllinois Supreme Court · 1877
- Johnson v. MillerAppellate Court of Illinois · 1893
- McIntyre v. StoreyIllinois Supreme Court · 1875
- Village of Benld v. DorseyIllinois Supreme Court · 1924
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