Holston v. Needles

Citations

• 115 Ill. 461

Syllabus

<p>1. Descbiption—boundabies—place of beginning. Lots 6 and 9, the first being north of the other, were each 82| feet wide from east to west, and 132 feet deep from north to south. A deed for a strip off the east side of these lots described the premises conveyed as “beginning at the north-east corner of said lots 6 and 9:” Held, that the two lots were to be regarded as an entire tract, and that the boundary commenced in fact at the north-east corner of lot 6.</p> <p>2. Same—rejecting inconsistent words in description. Another deed for the same property described the boundary as “beginning at the north-east corner of said lots 6 and 9, thence south to the south-east corner of lot 9, thence west 22J feet, thence to a point on the north line of lot 6, and thence 22-J feet west of the north-east comer of said lot 6, thence east to the place of beginning:” Held, that “thence,” after the word “and,” was an evident mistake of the scrivener, and should be rejected as surplusage, and that the deed conveyed a strip of land 221 feet wide off the east side of the lots.</p> <p>3. In descriptions of lands in deeds, that which is false or repugnant will be rejected to effectuate the intention of the grantor.</p> <p>4. Ejectment—demand of possession—whether necessary—and herein, what constitutes a wrongful possession. Where possession of land has been acquired by the assent of the owner, and has been long continued, the holding of possession will not be wrongful until demand is made. The rule is different when the entry was wrongful in its inception, or has become so afterward. In the latter case no demand is necessary before ejectment may be maintained.</p> <p>5. Two owners of adjoining portions of a lot agreed to the building of a partition wall, one-half of which was to be on the ground of each, and the defendant who superintended the building of the same, made an incorrect statement as to the number of feet of the lot he owned, and thereby the surveyor employed by him, in the