Bybee v. Hageman

Citations

• 66 Ill. 519

Syllabus

<p>1. Description—latent ambiguity in, explainable by extrinsic evidence. The description of real estate in a mortgage was, “ one acre and a half in the north-west corner of section five (5), together with the brewery, malt-house, all buildings thereon, and fixtures contained therein,” situated in the county of McDonough, and State of Illinois, without giving any township and range: Held, that as there were several sections in that county bearing the same number, the ambiguity was a latent one, and was susceptible of explanation by evidence dehors the deed, to show in what township and range the land was situated, and therefore not void for uncertainty, and, not being void, the recording of the mortgage was notice to subsequent incumbrancers.</p> <p>3. Same—certainty—part of a tract in a comer thereof. Where a deed for land describes the same as so many acres in the north-west corner of a section, it is not void for uncertainty, but will be taken to embrace the given number of acres in the form of a square, in the north-west corner thereof.</p> <p>3. Inuring- op title. Where a party gives a mortgage, in the usual form, upon land, and afterwards acquires the legal title thereto, it will inure to the benefit of the mortgagee.</p>