PHILIP LIKES ET AL., APPELLEES, V. HOWARD M. KEL FILED JUNE 29, 1893. No. 4647. Establishment of Streets: ACQUIESCENCE OF PROPERTY OWNERS: ESTOPPEL: REPRESENTATIONS. The owners of a tract of land, having platted it as an addition to an adjacent town, so as to show what appeared to be the prolongation of its streets, though not so designated, and having for the period of eight years acquiesced in the grading and public use of such apparent streets, the erection of sidewalks thereon, and the construction of costly improvements upon adjacent private property in such manner that if the existence of such streets is denied these improvements will be rendered comparatively useless; and having represented to one party, who, on the faith thereof, purchased a portion of said addition adjoining said apparent streets that such portion would abut upon the same as streets, are estopped to deny the existence of the streets through such addition of which they have thus superinduced such belief, and the reliance thereon of the parties who have acted upon the faith of such appearances, acts, and representations. APPEAL from the district court of Hamilton county. Heard below before POST, J. Howard M. Kellogg, for appellants. Hainer & Smith, contra. 37 259 38 600 Likes v. Kellogg. RYAN, C. The south half of the north half of the northeast quarter of section 4, township 10 north, range 6 west, of the 6th P. M., lies along and constitutes the northern front of the original town of Aurora, Nebraska. This forty-acre strip was divided into blocks numbered consecutively, from cast to west, from 1 to 7 inclusive, alternating at regular intervals with north and south streets. By some mistake there was left adjacent to the north line of said strip a triangular piece, having its base of about 140 feet across, a short distance west of the northwest corner of said block 7, the two other lines of said triangle becoming coincident at the northeast corner of said forty-acre strip. Afterward the defendants, who owned a part of the north half of the north half of said quarter section, on the 6th day of June, 1881, duly filed a plat of such part as Stone's addition to the said town of Aurora. The written statement of the defendants, which was filed contemporaneously with said plat and constituted a part of the dedication of the land described, was, so far as it is at all useful, as follows: "Stone's addition is situated on the north half of the north half of the northeast quarter of section four (4), town ten (10), range six (6) west, of the 6th P. M., in Hamilton county, Nebraska; commencing at a point seven hundred and forty-eight (748) feet west of the northeast corner of the aforesaid section four (4), and thirty-three feet south of said north line of said section four (4). The size of the blocks is given in figures in feet on said blocks of the plat. Each block is numbered on the plat. The width of the streets is given on the margin of the plat in figures in feet and named. Stakes are driven at the corners of each block. A mound with pits is made at the commencement of the town or addition." The east line of this tract platted by defendants was formed by the prolongation northward of the east boun Likes v. Kellogg. dary line of block 3 of that part of the original town to which reference has heretofore been made. The plat divided that portion of the north half of the north half of said quarter section lying west of the east line of block 3 of the original town of Aurora prolonged northward through said forty-acre strip by a street running east and west through the same, designated as "Seventh street," "Sixth" street lying along the south side of said forty-acre strip last referred to. The point of intersection of the north line of said section 4 with the aforesaid east line of block 3 of the original town of Aurora, prolonged, constituted the northeast corner of the block designated as (block) "1" on the recorded plat of Stone's addition. Thence the north tier of blocks were numbered consecutively westward to and including (block) "5," directly south of which, and across Seventh street, was located (block) "6," from whence eastward the blocks were numbered consecutively, so that (block) "10" was located just north of block 3 aforesaid of the original town of Aurora. Between said block 3 and block 4 of said original town of Aurora, Grand avenue, as a street, was prolonged northward by said plat between blocks 9 and 10, and 2 and 1 of Stone's addition aforesaid. In the original town of Aurora, Central avenue was located between blocks 4 and 5: Washington avenue between blocks 5 and 6, and Hamilton avenue between blocks 6 and 7. North of, and so as to constitute with uniformity a prolongation of Central avenue, the plat of Stone's addition showed between (blocks) 8 and 9 and between (blocks) 2 and 3 of Stone's addition, respectively, a strip which, from its appearance, might well be taken for a street. It was 100 feet wide, and between (blocks) 8 and 9 of Stone's addition it was designated as "16"; between (blocks) "2" and "3" of the same addition it was designated as "11." What resembled the prolongation of Washington avenue aforesaid extended northward between (blocks) "7" and "8" of Stone's ad Likes v. Kellogg. dition under the designation of "15," and between (blocks) "3" and "4" of that same addition as "12." In like manner, opposite the northern end of Hamilton avenue aforesaid, there was a parallelogram of uniform width with Hamilton avenue, between (blocks) "6" and "7" of Stone's addition receiving the designation of "14," and between (blocks) "5" and "4" of the same addition receiving the designation of "13." It will not escape careful observation that the blocks corresponding with blocks in the original town plat lay in two tiers running east and west; that beginning with (block) "1" at the northeast corner of the platted tract the blocks were numbered westward consecutively to and inclusive of "5"; that just south of "5" was located (block) "6," from which eastward the blocks were consecutively numbered to include "10"; that Grand avenue as found in the original plat aforesaid was prolonged northward through Stone's addition; that just west of (block) "2" of Stone's addition the strip which would naturally be taken for a street was numbered "11"; the like strip next found proceeding westward was numbered "12," the next "13"; that dropping into the southern tier of blocks in Stone's addition, what would naturally be taken as prolongations of streets of the original plat, were numbered, as progress is made eastward, respectively "14," "15," and "16." Their designations by numbers from "11" to "16," inclusive, are not described as streets, indeed, if we are to be governed solely by the language quoted as accompanying the plat filed, it would seem that each number not placed in what is expressly noted as a street stands for a block in every instance. Though David Stone testified in this case, there is nowhere to be found any attempt to explain why these strips, strongly suggestive of streets, were not designated as such, nor what purpose was to be subserved by giving each the very suggestive location and outline which it possessed. Likes v. Kellogg. The petition of nineteen plaintiffs alleged, in substance, that each of them resided and owned property in Stone's addition; that said addition was platted as above described by the defendants; the when said addition was platted the county surveyor, who surveyed the land for that purpose, was directed by defendants to lay out the said addition so as to extend Grand avenue, Central avenue, Washington avenue, and Hamilton avenue above referred to, through said addition, and be continuous in direction and width with such streets; that in accordance with such instructions said county surveyor did so lay out said streets through said proposed addition. The petition further stated the facts above set forth in the statement of his case descriptive of the manner in which said addition was platted, and the relation of the blocks and parts of said addition to the original town of Aurora, particularly describing the property interest of each plaintiff in said addition, as bearing upon the right of such plaintiff to relief as against the defendants in respect to said property interests. These plaintiffs alleged that the parts of Stone's addition designated as "11," "12," "13," "14," "15," and "16" have since the filing of said plat been used and graded as streets, and upon the same have been constructed and maintained sidewalks by the city of Aurora; that the defendants have sold the blocks laid off in said addition designated 1, 2, 4, 5, 7, 8, 9, and 10; that there have been erected upon said blocks a large number of houses, the only access to which is by the use of the strips 11, 12, 13, 14, 15, and 16 as streets; that upon the block designated as 6 is located the public school in said city of Aurora; that defendants have sold said blocks 1, 2, 4, 5, 6, 7, 8, 9, and 10 as blocks, and have represented that the streets heretofore mentioned and described were public streets; that said plaintiffs relied upon said representations and were induced thereby to purchase said premises owned by each of them severally, and |