Morgan v. Railroad Company

1. A party is not permitted to deny a state of things which his conduct or misrepresentations led another to believe existed and to act in accordance with that belief.

2. The doctrine of estoppel in pais always presupposes error on one side, and fault or fraud upon the other, and some defect of which it would be inequitable for the party against whom the doctrine is asserted to take advantage.

3. No particular form of words is required to the validity of a dedication. The assent of the owner, and the use of the premises for the purposes intended by the appropriation, are sufficient, and estop him from revoking the dedication.

from the Circuit Court of the United States for the Northern District of Illinois.

This suit was commenced by a bill filed by Morgan against the Chicago and Alton Railroad Company. It involves the ownership of two strips of land adjoining that over which that company has the right of way, and forming part of its depot grounds in the town of Dwight, in the State of Illinois, which it claims to own as grantee of all the rights and property of the Chicago and Mississippi Railroad Company.

The company filed a cross-bill, wherein it set up the dedication of the property to the public use, and that Morgan was estopped in pais from denying it. The court, upon hearing, dismissed the original bill, and decreed in favor of the company on the cross-bill. Morgan thereupon appealed here. The remaining facts are stated in the opinion of the court.

Mr. Hamilton Spencer, for the appellant, cited McWilliams v. Morgan, 61 Ill. 89; Todd v. Pittsburgh, Fort Wayne, & Chicago Railroad Co., 19 Ohio St. 514; Gentleman v. Soule, 32 Ill. 271; Kelly v. City of Chicago, 48 id. 388; Rees v. City of Chicago, 38 id. 322; Jacksonville v. Jacksonville Railway Co., [p717] 67 id. 540; Illinois Insurance Co. v. Littlefield et al., id. 868, ''Warren v. The President, &c. of the Town of Jacksonville'', 45 id. 236.

Mr. John P. Wilson, contra.