Gould v. Howe
Illinois Supreme Court
Appeal from the Circuit Court of Marshall county; the Hon. T. M. Shaw, Judge, presiding. On the 16th of May, 1855, the Illinois Central Bailroad Company caused to be laid out the town of Wenona, on land of which it was then owner, in Marshall county, and, at the same time, it also caused a plat of the town to be made, and to be recorded in the proper office, but the only acknowledgment of the plat was before a notary public.
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Appeal from the Circuit Court of Marshall county; the Hon. T. M. Shaw, Judge, presiding. On the 16th of May, 1855, the Illinois Central Bailroad Company caused to be laid out the town of Wenona, on land of which it was then owner, in Marshall county, and, at the same time, it also caused a plat of the town to be made, and to be recorded in the proper office, but the only acknowledgment of the plat was before a notary public. On the 12th of August, 1863, the company sold, and conveyed by warranty deed, to Thomas A. Hill, a parcel of the tract so laid out,— described as “all that part of the…
1Opinion of the CourtJustice Scholfield
Two questions, only, are presented for our decision by the arguments made upon this record: First, does the plat of the Illinois Central Bailroad Company vest the fee of the streets and alleys marked therein, in the corporation of Wenona; and second, do the words, “reserving streets and alleys, according to recorded plat of the town of Wenona, ” in the deed of the Illinois Central Bailroad Company to Hill, prevent the transfer of the fee in such streets and alleys, subject to the easement of the public therein, by that deed.
First—Bearing in mind that acknowledgments of instruments affecting…
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