Town of Bethel v. Pruett (215 Ill. 162, 1905)

Mr. Justice Magruder

delivered the opinion of the court:

A public highway runs from the town of Plymouth to the town of Industry, a part of which, running east and west, is on the county line between Schuyler and McDonough counties. The town of Bethel, which is in McDonough county, is immediately north of and adjoining the town of Brooklyn, which is in Schuyler county, Schuyler county being south of McDonough county. The declaration avers that on May 2, 1903, the commissioners of said town met.in joint session, and legally set off to the plaintiff, the town .of Bethel, the east half of said public highway; that said public highway has ever since February 1, 1902, been a line road of said counties and towns, and ever since May 2, 1903, the plaintiff town has had jurisdiction of the east half of said highway. The appellee owns the north-west quarter of the north-east quarter of section 4 in Brooklyn township, called the Pruett homestead; and he also owns the forty acres immediately east of and adjoining said north-west quarter, to-wit, the north-east quarter of the north-east quarter of said section 4 in Brooklyn township. The public road or highway on the north side of the Pruett land runs on in a westerly direction to the village of Plymouth. On the west side of the Pruett land a public highway called the Brooklyn road comes from the south and runs north, until it intersects the highway in question at the north-west corner of the Pruett land. As we understand the evidence, the highway in question, lying north of the Pruett land, and running east and west, is some forty feet wide west of the Brooklyn road, and about forty feet wide east of the northwest quarter of the north-east quarter of section 4. Appellee does not deny that there is a public highway lying north of his land and running the whole extent