Spalding v. Macomb & Western Illinois Railway Co.
Illinois Supreme Court
Writ oe Error to the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding. August 28, 1905, plaintiff in error filed his bill in the circuit court of McDonough county, alleging, among other things, that he claimed the title in fee to the north half of block 22, in plat 2, of the Old Town of Macomb; in said county, fronting on Johnson street, in said city; that the original proprietors of said city caused the same to be laid out and platted about April…
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Writ oe Error to the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding. August 28, 1905, plaintiff in error filed his bill in the circuit court of McDonough county, alleging, among other things, that he claimed the title in fee to the north half of block 22, in plat 2, of the Old Town of Macomb; in said county, fronting on Johnson street, in said city; that the original proprietors of said city caused the same to be laid out and platted about April 26, 1831, and afterwards, December 13, 1834, caused the same to be re-surveyed and re-platted, which last survey is known…
1Opinion of the CourtJustice Carter
If both plats laying out Johnson street, in the city of Ma-comb, were not made in accordance with the statute then in force, the title in fee to the land to the center of Johnson street in front of the- premises in question belongs to plaintiff in error. It is contended, however, that the bill is not so drawn as to properly raise this question, and that therefore the demurrer does not admit that fact; that the demurrer only admits the-correctness of the surveys as given in the bill and “their true legal effect, but not the conclusion of the pleader as to their legal effect.” Defendant in…
2Cases cited7 opinions
- Coryell v. KlehmIllinois Supreme Court · 1895
- Postal Telegraph-Cable Co. v. EatonIllinois Supreme Court · 1897
- Burrall v. American Telephone & Telegraph Co.Illinois Supreme Court · 1906
- Bond v. Pennsylvania Co.Illinois Supreme Court · 1898
- Davenport & Rock Island Bridge Railway & Terminal Co. v. JohnsonIllinois Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Schnell v. City of Rock IslandIllinois Supreme Court · 1907
- Bowman v. PettersenIllinois Supreme Court · 1951
- Scholz v. BarbeeAppellate Court of Illinois · 1951
- Quinn v. Fountain InnAppellate Court of Illinois · 1920
- Messick v. MohrAppellate Court of Illinois · 1937
9 more not listed; retrieve them via the Exa API.