Fox v. Virgin

Appellate Court of Illinois

Fox v. Virgin

11 Ill. App. 513, 1882 Ill. App. LEXIS 109

DecidedOctober 24, 1882

StatusPublished

This text of 11 Ill. App. 513 (Fox v. Virgin) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. Virgin, 11 Ill. App. 513, 1882 Ill. App. LEXIS 109 (Ill. Ct. App. 1882).

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Opinion

Per Curiam.

The first of these two cases was once before in this court and is reported in 5 Bradwell, 515. The second is for a trespass of a precisely similar nature, and the defense in both cases rests upon the same state of facts. Up to the •year 1874, when appellant first fenced the land, it was a timber tract, vacant and uninclosed. The public could therefore acquire no right to a road over it by use alone for twenty years. Kyle v. Town of Logan, 87 Ill. 67.

We are still of the opinion the evidence not only fails to show a road to have been established by dedication, but the evidence shows directly the contrary. When appellant fenced his land he expressly told the public authorities the-purposes for which he left the lanes on two sides of it, and from then until now he has persistently maintained a hostile attitude toward the road. The judgments will therefore be reversed and the causes remanded.

Reversed and remanded.

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Per Curiam.

The first of these two cases was once before in this court and is reported in 5 Bradwell, 515. The second is for a trespass of a precisely similar nature, and the defense in both cases rests upon the same state of facts. Up to the •year 1874, when appellant first fenced the land, it was a timber tract, vacant and uninclosed. The public could therefore acquire no right to a road over it by use alone for twenty years. Kyle v. Town of Logan, 87 Ill. 67.

We are still of the opinion the evidence not only fails to show a road to have been established by dedication, but the evidence shows directly the contrary. When appellant fenced his land he expressly told the public authorities the-purposes for which he left the lanes on two sides of it, and from then until now he has persistently maintained a hostile attitude toward the road. The judgments will therefore be reversed and the causes remanded.

Reversed and remanded.

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Bluebook (online)

11 Ill. App. 513, 1882 Ill. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-virgin-illappct-1882.