County of Perry v. County of Jefferson

Citations

• 94 Ill. 214

Syllabus

<p>l. Boundary line between counties of Perry and Jefferson—of the Little Muddy river. Under a proper construction of the act of 1835, “to change the county line between Perry and Franklin counties,” the Little Muddy river forms the eastern boundary of only so much of Perry county as abuts upon Franklin county, and does not constitute the eastern boundary of that portion of Perry county which abuts upon Jefferson county. The boundary line between Perry and Jefferson counties is the third principal meridian, as established by the act of 1827 creating the county of Perry.</p> <p>—construction of act of 1835. Jefferson county abuts upon Franklin on the north,—both these counties abut in part upon Perry on the east. The Little Muddy river crosses the north line of Perry county a short distance west from its north-east cornel-, thence running south-easterly, crosses the east boundary line of Perry into Jefferson county, thence meandering in a southerly direction through Jefferson and Franklin to a point not far north of the south-east corner of Perry, where the river takes a south-westerly course, crossing again the east boundary of Perry, passing into that county and cross-*n8 its south boundary line, thus cutting off the north-east and south-east corners of Perry county. The letter of the act of 1835 would constitute the Little Muddy river the east boundary line of Perry county, to the entire extent of the county, thus making it the boundary line between Perry county and the counties of Franklin and Jefferson abutting Perry county on the east. But to give the act that effect would attach to Franklin county that part of Perry situate in the north-east corner, which is cut off by the river, and which is entirely detached from Franklin county proper, and upwards of three miles from it. To avoid this absurd result the letter of the act must yield to the evident intention of the legislature as deduced from the whole act taken together, giving due consideration to the title