Ambrose v. Raley

Citations

• 58 Ill. 506

Syllabus

<p>1. Res adjuoicata—township and section lines in the town of Hudson, McLean county, under act of 1867. Where a bill was filed under tlie provisions of the act of 1867, for the resurvey aud establishing of corners and lines in place of those made by the government surveyors, which had become obliterated, the lines thereby established must he taken and held to be the true and correct lines, as between parties and privies to the decree.</p> <p>2. Boundaries—of their extent. Where a town plat calls for a section line as the boundary of the lots on one side, when that line becomes established it will become the boundary line for that side of the lots.</p> <p>3. If, however, the plat calls for stakes or other monuments which were beyond the section line, aud the person laying out the lots owned the land platted, and the land beyond the section line, then a purchaser of the lots so bounded will acquire title, as against the proprietor of the town, to the monuments designated by the plat.</p> <p>4. The owner of two quarter sections of land lying adjoining, laid out a town thereon, the plat embracing a portion of each quarter section. After-wards he caused to he laid out a number of out lots around the original .town plat, the surveyor’s certificate stating that he “ surveyed into out lots and streets the fractional parts” of those two quarter sections, “ being a part of each quarter left fractional around the town plat of Hudson.” The plat itself made no reference to distance, either as to length or breadth of the out lots, nor did it indicate the quantity of ground they contained, or call for monuments on the east side. It was held, that only the remaining portions of the two quarter sections were embraced in the survey of out lots, and that the section line formed their eastern boundary.</p> <p>5. Adverse possession—of its requisite duration and character. Adverse possession, sufficient to defeat the legal title, must be hostile in its inception, and continue uninterrup