Hunt v. Rowley

Citations

• 87 Ill. 491

Syllabus

<p>1. Entry cot public land—what land embraced in entry of fractional part of quarter. Where the original survey of a fraction of a fractional quarter of land, as shown by the plat and field notes, embraced all the land in the quarter lying between a navigable lake and a river, without regard to an outlet connecting the lake and river and dividing the intervening fraction about equally, as one entire tract, and the number of acres marked on the plat included the land on each side of the outlet, and corresponded with the precise quantity entered by a party, of a fraction of the quarter, and but one number of the entry was marked on such fraction, and that across the outlet, it was held, that such entry embraced all the land in the quarter between the lake and the river, and would not be restricted to that on one side of the outlet, although the description of the part of the quarter is somewhat general.</p> <p>2. The description of land in a certificate of entry and patent, though somewhat general, will be good if the land can he located by it, in connection with the field notes of the original survey. The field notes of such survey enter into and form a part of the entry or patent, as if copied into them.</p> <p>3. Where the surveyor general examines the field notes in a survey of a portion of the public lands, plats and returns it as one tract only, under the instructions from the land office, it is made final and conclusive as to its being but one tract, and the quantity contained in it.</p>