A strip of land had been in dispute for several years. It was claimed by the incorporated town of Mt. Yernon as a street — Penn street— extending from Main street, between lot 3 and lots 4 and 12 of Young’s addition, to the quarter-section line, but separated from Munroe street by a part of lot 5. It was claimed by plaintiffs as an inheritance from S. T. Young, who had platted the addition, and also because of adverse possession. The ' pleadings put in issue: (1) The existence of this street; (2) whether defendants, in what they did, were acting officially; (3) If not, whether they corruptly conspired together to injure the property of plaintiffs; (4) whether, if they did not so conspire, any. of them in fact injured said property; and, (5) if so, were such as did actuated by malice.
After this Young was again heard, when the necessity of litigation was mutually recognized, and he expressed the wish that the matter be settled. Some time in 1899 employment of an attorney was directed, and October 28th of the same year counsel who had furnished the opinion wrote to the mayor “that the proper thing to do is for the. city council of Mt. Tern on to go on, and treat the street as a public street, and throw the same open to the
V. Most of th$ other errors assigned relate to the claim for exemplary damages, and will not be likely to