City of Belleville v. Stookey
Illinois Supreme Court
Samuel Stookey, the appellee, filed his bill for an injunction in the St. Clair Circuit Court, against the City of Belleville and Charles Palme, Street Inspector.
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Samuel Stookey, the appellee, filed his bill for an injunction in the St. Clair Circuit Court, against the City of Belleville and Charles Palme, Street Inspector. The bill alleges that Stookey is owner of and resides on a tract of land, describing it by metes and bounds; that he claims under a deed from J. D. Hughes and Theodore Engelmann, made 27th of September, 1851, and that ever since he has paid his city and county taxes generally on the said tract by the description of 229 feet on 1st South street by 314 on Charles street. Former conveyances are set out up to one from Wesley Coleman and…
1Opinion of the CourtWalker, J.
Cities and towns may acquire the title to streets and alleys by conveyance, by dedication, by prescription, or by the surveying and platting k>f a town or city, if acknowledged and recorded in the mode prescribed by the statute. The plat in question, and under which the city claims the street in controversy, was made and recorded in 1840, and is governed by the act of 1833, prescribing the mode of making and recording town plats. The first section, R. L., p. 599, provides, that any person wishing to lay out a town, or an addition, or sub-division of out lots, shall cause the same to be…
2Cited by5 opinions
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