Noah Haynes Swayne

“ The appellee insists that the record discloses a case of estoppel in pais, and that the appellant is thereby barred from maintaining the claim which he seeks to enforce in this litigation. The principle is an important one in the administration of the law. It not unfrequently gives triumph to right and justice where nothing else could save them from defeat. It proceeds upon the ground that he who has been silent as to his alleged rights when he ought in good faith to have spoken, shall not be heard to speak when he ought to be silent. ”

“ Being asked whether Morgan and Spencer saw it, he answered, 'I have no doubt they saw it frequently, as those gentlemen were in the habit of coming into the office where I made this map.' The map represents the premises in question as they are represented on the town plat. The diagram has the line of the railroad in the centre, and is marked 'depot ground.' The data for the map were furnished before the iron was laid upon that part of the roadway. Spencer testified that he supposed the making of the town plat vested a sufficient title in the company. ”

“ Morgan v. Railroad Company
During the years 1853 and 1854, the Chicago and Mississippi Railroad Company was engaged in locating and building a railroad from Joliet to Alton, in the State of Illinois. The appellant and Spencer and Lathrop were in the service of the company as engineers. Kersey H. Fell was employed to obtain the right of way for the road. ”

“ The City of Alton, 12 Ill. 29.
'The question whether a person intends to m ke a dedication of ground to the public for a street or other purpose must be determined from his acts, and statements explanatory thereof, in connection with all the circumstances which surround and throw light upon the subject, and not from what he may subsequently testify as to his real intent in relation to the matter.' The City of Columbus v. ”