People Ex Rel. Markgraff v. Rosenfield

Mr. Chibe Justice Stone

delivered the opinion of the court:

Appellant, Director of the Department of Public Works and Buildings, appeals from the judgment of the circuit' court of Cook county awarding a writ of mandamus to compel him to condemn a strip of land on which a State public highway was constructed in 1929. The facts are not in dispute. Judgment was rendered after hearing upon the pleadings under certain stipulations regarding the facts.

It appears from the complaint that one of the plaintiffs, Louise Markgraff, prior to April 21, 1928, was the owner in joint tenancy with her husband,…