Green v. Green
Illinois Supreme Court
Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a suit in Chancery, commenced by Hath aniel Green against Henry R. Green, Joseph A. Patterson and John Holmes, acting as commissioners of highways in road district Ho. 6, in the town of Delavan, in Tazewell county.
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Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a suit in Chancery, commenced by Hath aniel Green against Henry R. Green, Joseph A. Patterson and John Holmes, acting as commissioners of highways in road district Ho. 6, in the town of Delavan, in Tazewell county. The bill alleges that complainant was, and had been for more than five years preceding the time of filing the bill, the owner of the H. W. qr. of section 23 in township 22 north, of range 4 west of the third principal meridian, which was then, and had been for more than five…
1Opinion of the CourtChief Justice Walker
The statute regulating township organization has declared, that unless a public road, surveyed and located by the town authorities, shall be opened within five years, the same shall become vacated. Scates’ Comp. 364, § 17. Such non-user for the limited period operates as an abandonment, and remits the owners of the land which had been condemned for the use of the public to their former rights in the property. And whether the right of way has been obtained by release or by condemnation or payment of damages, the right of the owner to resume the exclusive use and occupancy of the land is…
2Cited by6 opinions
- Leitch v. Sanitary DistrictIllinois Supreme Court · 1944
- Beattie v. WhippleIllinois Supreme Court · 1894
- Normand v. Board of County CommissionersNebraska Supreme Court · 1878
- Willett v. WoodhamsAppellate Court of Illinois · 1877
- Dickerson v. Comm'rs of HighwaysAppellate Court of Illinois · 1885
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