DeWitt v. Hawkins

Citations

• 107 Ill. 109
• 1883 Ill. LEXIS 233

Syllabus

<p>Mistake in making partition of lands—as to boundaries. In a suit for the partition of lands, the commissioners, in making the partition, reported one part as lot 3 and another as lot 6, each of which was described by metes and bounds, whereby a strip in the middle was included in both lots by mistake in measurement, and made a plat of the lots showing their relative positions, but from which the boundaries of the several lots could not be ascertained. The decree, in regard to the description, followed the report: Held, that the written description given of each lot, designating corners and other fixed monuments, must prevail over the plat, and it being apparent from such description that a mistake had been made, a court of equity should correct the same by dividing such strip equally between the owners of the two lots. Granting such relief is in no sense changing the original decree of partition. It is simply correcting an omission or mistake.</p>