Legal Opinion

Smith v. Town of Flora

Illinois Supreme Court

Decided June 15, 1872PublishedCited by 19 opinions

Writ of Error to the Circuit Court of Clay county; the Hon. Richard S. Canby, Judge, presiding.

1Opinion of the CourtJustice Thornton

The object of this bill was to quiet title and declare a dedication. Justice to the parties and the protection of the public rights require that it should be sustained.

The only question' is, was there a dedication of the ground in controversy and an acceptance?

It is not necessary, to constitute a dedication, that there should be a grant in writing. It may often be to the use of an unincorporated town, or to the public—a body incapable of taking by grant—and in such case, there could be no writing to manifest the intention. When a party owning lands shall do such acts in pais as amount to a…

2Cases cited4 opinions

  1. Godfrey v. City of AltonIllinois Supreme Court · 1850
  2. Rees v. City of ChicagoIllinois Supreme Court · 1865
  3. Marcy v. TaylorIllinois Supreme Court · 1858
  4. Dimon v. PeopleIllinois Supreme Court · 1856

3Cited by19 opinions

  1. City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
  2. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  3. Lovelace v. HightowerNew Mexico Supreme Court · 1946
  4. City of Chicago v. WrightIllinois Supreme Court · 1873
  5. Bond v. DunmireAppellate Court of Illinois · 1984

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