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11 Ill. App. 513

Fox v. Virgin

Appellate Court of Illinois

Decided October 24, 1882

Appellate Court of Illinois · decided 1882-10-24

<p>Highway by prescription. — The public can acquire no right to a road over vacant and uninclosed land by use alone for twenty years.</p>

Relies on Kyle v. Town of Logan

Decided 1882-10-24

Per Curiam.

¶1The 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.

¶2We 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.

¶3Reversed and remanded.

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