Alvord v. Ashley
Illinois Supreme Court
This was an action of trespass, quare clausam. First plea, general issue. Second plea, public highway and supposed trespass within its limits. First replication to second plea, no highway. Second replication to second plea, trespass not in the highway. Issue found for plaintiff. Motion for new trial overruled, and judgment. Plaintiff’s title to the close, and that the defendant took down the fence and drove across it from north-east to south-west, was proved.
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This was an action of trespass, quare clausam. First plea, general issue. Second plea, public highway and supposed trespass within its limits. First replication to second plea, no highway. Second replication to second plea, trespass not in the highway. Issue found for plaintiff. Motion for new trial overruled, and judgment. Plaintiff’s title to the close, and that the defendant took down the fence and drove across it from north-east to south-west, was proved. The plaintiff requested the court to instruct the jury as follows: 1st. If the jury believe from the evidence that the defendant broke…
1Opinion of the CourtScates, C. J.
We propose only to examine the instructions given for defendant, as errors apparent therein are sufficient to reverse this judgment.
The court very properly instructed the jury that a highway could' be established and proven by prescription, by dedication, and by laying out the same in the manner provided by the statutes. 2 Greenl. Ev., Sec. 662.
Prescription for private rights and easements in the lands of others were, by the earlier decisions upon the old common law, made, time whereof the memory runneth not to the contrary. But gradually they began to conform to a fixed period of years,…
2Cited by5 opinions
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- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Nelson v. RandolphIllinois Supreme Court · 1906
- Hiner v. JeanpertIllinois Supreme Court · 1872
- Miller v. Commissioners of HighwaysAppellate Court of Illinois · 1906