Green v. Oakes
Illinois Supreme Court
On the 23rd day of November, 1853, Thomas Green and Ellery M. Merris, filed their bill in chancery with reference to a plat prefixed, alleging their ownership and occupancy of certain lands, and that they were deeply interested in the uninterrupted and undisputed use of a public highway, indicated by said plat, running east and west, “ that had been used by the public for upwards of twenty years,” and that Oakes had avowed his purpose to obstruct the same, by fences and…
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On the 23rd day of November, 1853, Thomas Green and Ellery M. Merris, filed their bill in chancery with reference to a plat prefixed, alleging their ownership and occupancy of certain lands, and that they were deeply interested in the uninterrupted and undisputed use of a public highway, indicated by said plat, running east and west, “ that had been used by the public for upwards of twenty years,” and that Oakes had avowed his purpose to obstruct the same, by fences and gates, at two different points. Injunction was granted on the bill. Oakes filed his answer, alleging that the court had no…
1Opinion of the CourtSkinner, J.
This was a bill in chancery tp enjoin against obstructing "a public road.
The bill alleges that the road has been used as a public highway, with the knowledge and consent of the owners of the land over which it runs, without interruption, for more than twenty years, and has been worked and kept in repair for many years as one of the common highways of the county of Morgan; that complainants are owners of and occupy lands adjoining the road and that its free use is necessary to the enjoyment and use of their land, and that the respondent is about to fence up the road and deprive them of the use…
2Cases cited2 opinions
- Conner v. President of New AlbanyIndiana Supreme Court · 1819
- Willoughby v. JenksNew York Supreme Court · 1838
3Cited by27 opinions
- City of Pana v. Central Washed Coal Co.Illinois Supreme Court · 1913
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- Jones v. BrightSupreme Court of Alabama · 1903
- Craig v. People ex rel. NevillIllinois Supreme Court · 1868
- Williams v. DavidsonTexas Supreme Court · 1875
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