187 Ind. 506 | Ind. | 1918
— Appellant sought to quiet its title to real estate against an easement for a public street. Appellee, city of East Chicago, filed a cross-complaint to quiet title to the easement. The Lake county council, the board of commissioners, and the Hammond, Whiting and East Chicago Railway Company are also appellees, and all answered except the railway company, which was defaulted. Trial by jury. Verdict for city
On August 11, 1908, the East Chicago company,-the then owner of the land in question, presented to the common council of East Chicago a plat, duly acknowledged by the proper officers. It was approved August 13, 1908, and duly recorded on August 13, 1908. This plat represented a strip of ground named 141st street, running east and west across the land in question. Previous to this, on August 7, 1908, the East Chicago company deeded to the public for street purposes the same strip of ground, which deed was accepted by the common council of the city of East Chicago and was recorded August 13, 1908. Afterwards, on September 3, 1908, March 27, 1909, and June 30, 1909, the East Chicago company deeded to appellant the land over which the easement in question runs.
In the year 1912 the board of public works of the city of East Chicago, desiring to open the street in question, condemned a strip of appellant’s ground adjacent to 141st street, to make it uniform in width, and awarded appellant $1,200 damages. Appellant appealed to the superior court and was awarded $900 more. The
If appellant’s last contention were to prevail, it proved no title to the land in question, for its deeds from the East Chicago company are subject to this contended infirmity.
Appellant next claims error in the court’s refusal to give instructions tendered by it. These instructions are nearly all based upon common-law dedication and the court was right in refusing them.
The court, on its own motion, gave seventeen instructions, and these were all of the instructions given. They correctly and fairly state the law applicable to the evidence. Appellant particularly complains of the court’s
Appellant’s other contentions are based on the action of the board of public works in the condemnation proceedings in widening the street in question. These questions were decided against the appellant in a previous appeal. City of East Chicago v. Interstate Iron & Steel Co. (1914), 183. Ind. 33, 107 N. E. 274.
Judgment affirmed with costs.
Note. — Reported in 118 N. E. 958. Dedication: of streets, 129 Am. St. 579, 13 Cyc 458, 463; reservation of land on a plat or map for specified purpose as dedication to public, Ann. Cas. 1916D 1078.