Marcy v. Taylor
Illinois Supreme Court
APPEAL EROM KENDALL. William Taylor, on the 7th day of September, 1855, filed in Kendall Circuit Court a declaration in trespass, quare clausum fregit. Pleas: Pirst, not guilty; second, a public highway; third, quit claim to public for highway from owners of land; fourth, setting forth the proceedings for a highway. Replication to county de injuria. There was a trial, and verdict for plaintiff for fifty cents; motion for new trial overruled, and an appeal taken.
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APPEAL EROM KENDALL. William Taylor, on the 7th day of September, 1855, filed in Kendall Circuit Court a declaration in trespass, quare clausum fregit. Pleas: Pirst, not guilty; second, a public highway; third, quit claim to public for highway from owners of land; fourth, setting forth the proceedings for a highway. Replication to county de injuria. There was a trial, and verdict for plaintiff for fifty cents; motion for new trial overruled, and an appeal taken. The cause was heard before Hollister, Judge, and a jury, at October term, 1857, of the Kendall Circuit Court. The evidence is given…
1Opinion of the CourtWalker, J.
It appears, from the evidence in this case, that Samuel Jenkins, in his lifetime, was in possession of and claimed to be the owner of a tract of land, along the east side of which there was a traveled road, about which there was no dispute. And that during his life, for the purpose of having a branch road running east and west into the first named road, he loft out, when he fenced his premises, a strip of two rods in width, on the south side of his field, for this cross road. It further appears that the appellant owned and occupied land south of the - west end of Samuel Jenkins’ land, which…
2Cited by22 opinions
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- Smith v. Town of FloraIllinois Supreme Court · 1872
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