Fisher v. Bennehoff

Citations

• 121 Ill. 426
• 13 N.E. 150

Syllabus

<p>1. Description—boundaries — the rule for ascertaining boundary lines—monuments, courses and distances, etc. The true boundary lines of a tract of land conveyed are where they are actually run, and when such lines, or any of them, are marked by7 monuments placed by the surveyor or the parties, at the time, to indicate where they may be found, such monuments will afford the most satisfactory evidence of the place where the true lines were located. The original stakes or posts must control the calls in the deed for courses and distances.</p> <p>2. The rule of applying descriptions of boundaries is, first, to natural objects; second, to artificial marks; and lastly, to courses and distances given. A government corner, when known, may be referred to as a monument, in the description of land in a deed; but if it is mistaken, and a party lays off lots on his own ground which are marked by stakes or other visible monuments, and conveys with reference to such boundaries, the grantee will take the same according to the lines as actually7 run and established, although the grantor may have supposed that one of the lines corresponded with a line in the government survey.</p> <p>3. Same—division lines fixed by parol agreement. The owners of adjoining lands may, by a parol agreement, when fairly and understandingly entered into, settle and permanently adopt and establish a boundary line between their lands, which, when followed, by possession according to the line established, will be binding upon tkém and their privies, the same as if made by deed. It is the policy of the law to give stability to such agreements, and thus prevent litigation.</p> <p>4. The adoption of a division line between the owners of adjoining land may be implied from their acts and declarations, and acquiescence in respect thereto; and after the lapse of thirty7-five years of uninterrupted acquiescence in such a boundary line, and the frequent recognition of it as the true division line, the parties and t