Elson v. Comstock
Illinois Supreme Court
Weit ok Eeeoe to the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. This is a bill filed by plaintiffs in error against the defendant in error to enjoin the latter from interfering with the possession of, or title to, a block of ground, alleged to be a “public square,” and to declare a deed of the same executed to, and held by, defendant in error, to be null and void.
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Weit ok Eeeoe to the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. This is a bill filed by plaintiffs in error against the defendant in error to enjoin the latter from interfering with the possession of, or title to, a block of ground, alleged to be a “public square,” and to declare a deed of the same executed to, and held by, defendant in error, to be null and void. A demurrer was filed to the bill, the demurrer was sustained, and the bill was dismissed. The ease is brought here by writ of error. The facts alleged in the bill are substantially as hereinafter set…
1Opinion of the CourtJustice Magruder
Hugh W. McGinnity was not the owner of the .premises when he executed and recorded the plat. The fee was then in his wife, Mary McGinnity. Whatever interest in the land he may have had as the husband of his wife ceased when the divorce was granted for his fault. (1 Starr & Cur. page 904, sec. 14; Rendleman v. Rendleman, 118 Ill. 257). It follows, that there was no effectual dedication of the square by reason of the execution and recording of the plat. “A dedication of property for public use is in the nature of a conveyance for the purposes of the use; but a person can convey or donate no…
2Cases cited9 opinions
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Lee v. Town of Mound StationIllinois Supreme Court · 1886
- Campbell v. CrossIndiana Supreme Court · 1872
- Rendleman v. RendlemanIllinois Supreme Court · 1886
- Dean v. ComstockIllinois Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Healy v. DeeringIllinois Supreme Court · 1907
- McClellan v. HurdSupreme Court of Colorado · 1895
- People ex rel. Graff v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1910
- Dickinson v. MankinWest Virginia Supreme Court · 1906
- City of Alton v. FishbackIllinois Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.