Swedish Evangelist Lutheran Church v. Jackson
Illinois Supreme Court
Appear from the Circuit Court of Mercer county; the Hon. Emery C. Graves, Judge, presiding. The appellants, by their bill filed in the circuit court of Mercer county, sought to enjoin the appellees from obstructing certain alleged streets and alleys. A demurrer having been sustained to their amended bill, it was dismissed for want of equity, and they appeal from the decree.
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Appear from the Circuit Court of Mercer county; the Hon. Emery C. Graves, Judge, presiding. The appellants, by their bill filed in the circuit court of Mercer county, sought to enjoin the appellees from obstructing certain alleged streets and alleys. A demurrer having been sustained to their amended bill, it was dismissed for want of equity, and they appeal from the decree. The amended bill alleges that on June 30, 1873, John T. Brown and William H. Brown, being the proprietors of a certain tract of land, did lay out thereon Brown’s first addition to North Henderson and made a plat thereof,…
1Opinion of the CourtJustice Dunn
The village of North Henderson has never been incorporated. There is no allegation that the public authorities ever accepted the plat or the streets and alleys in question, or that such streets and alleys were ever thrown open to or used by the public. Until acceptance by the proper authorities they have no right in the streets and alleys designated on a plat. (Hewes v. Village of Crete, 175 Ill. 348; Jordan v. City of Chenoa, 166 id. 530; Russell v. Chicago and Milwaukee Electric Railway Co. 205 id. 155.) There is therefore no question of public right here involved.
The purchaser of a lot…
2Cases cited3 opinions
- Zearing v. RaberIllinois Supreme Court · 1874
- Illinois Central Railroad v. MooreIllinois Supreme Court · 1895
- Hewes v. Village of CreteIllinois Supreme Court · 1898
3Cited by7 opinions
- Brunotte v. DewittIllinois Supreme Court · 1935
- Bond v. DunmireAppellate Court of Illinois · 1984
- OUTLAW v. MoiseSupreme Court of South Carolina · 1952
- Illinois District of American Turners, Inc. v. RiegerAppellate Court of Illinois · 2002
- Wattles v. The Village of McHenryIllinois Supreme Court · 1922
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