Hunter v. Middleton
Illinois Supreme Court
This is an action of trespass quare clausam fregit, brought by the plaintiff against the defendant, in the Madison County Circuit Court, at the August term, A. D. 1850, for erecting a lime kiln for the purpose of burning lime, and for quarrying and carrying away rock and converting the same to his own use, upon the close of the plaintiff; to which the defendant pleaded not guilty, and thereupon issue was joined to the country.
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This is an action of trespass quare clausam fregit, brought by the plaintiff against the defendant, in the Madison County Circuit Court, at the August term, A. D. 1850, for erecting a lime kiln for the purpose of burning lime, and for quarrying and carrying away rock and converting the same to his own use, upon the close of the plaintiff; to which the defendant pleaded not guilty, and thereupon issue was joined to the country. A trial was had at the March term, A. D. 1851, by a jury before Underwood, Judge, which resulted in a verdict and judgment for costs, in favor of defendant. Upon the…
1Opinion of the CourtTreat, C. J.
We adhere to the opinion, expressed in the case of the Canal Trustees v. Havens, (11 Ill. 554,) that the acknowledgment and recording of a town-plat vests the legal title to the ground embraced by the streets and alleys in the corporation of the town. The statute in substance declares, that these acts of the proprietor shall operate to vest the fee in the corporation, in trust for the uses and purposes of the public. By making and recording the plat, he voluntarily parts with the title to the streets and alleys, and transfers it to the corporation. The legal effect is precisely the same as if…
2Cases cited1 opinion
- Board of Trustees v. HavenIllinois Supreme Court · 1850
3Cited by6 opinions
- Prall v. BurckharttIllinois Supreme Court · 1921
- Watson v. PetersMichigan Supreme Court · 1873
- Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910
- Union Coal Co. v. City of LaSalleIllinois Supreme Court · 1891
- People v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1909
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