Village of Maxwell v. Booth

This action involved primarily the question of whether or not a street extending for one block and an alley in the village of Maxwell have been “laid out according to law” so as to prevent a vacation of a part of a dedicated street in a platted subdivision.

The plaintiff sought a decree determining that it had a legal title to the street and alley, was entitled to the possession of the same, and determining that a vacation deed was void and of no effect.

We hold that the plaintiff had accepted the dedication and that the vacation deed is ineffective. We reverse the judgment and remand the cause…