Kamphouse v. Gaffner

Citations

• 73 Ill. 453

Syllabus

<p>1. Boundaries-—courses and, distances controlled by fixed objects. Where boundaries are given with reference to fixed and known objects, they control courses and distances.</p> <p>2. Evidence—as to location of premises referred to as a boundary. Where premises occupied by certain persons are referred to in a lease as a boundary of the premises leased, it is proper to admit evidence showing the location of premises so referred to, for the purpose of explaining the circumstances under which the lease was made, or of applying it to its proper subject matter, or of raising and explaining a latent ambiguity.</p> <p>3. Construction—duty of court and, not of jury. An instruction which tells the jury that in locating lands described in a lease, they should consider all the words used in the lease having reference to the description or location of the land, and that words denoting merely bearings or directions must yield to words referring to fixed objects or monuments, is objectionable, in not construing the lease and informing the jury the precise words of description which control, instead of allowing them to determine the fact for themselves.</p> <p>4. License—to work mines can only be granted by deed. Every license that authorizes such acts as are not only required to he performed upon (he land, hut, which gives some usufruct of the land itself, is properly—a grant of an incorporeal hereditament, and must he created and transferred by deed.</p> <p>5. Same—by pcm-ol good until revoked—not transferable. A parol license to mine on land is a protection against an action of trespass for acts done under it before revocation, but it is revocable at the will of the licensor, and can not be transferred to another.</p> <p>6. A subsequent conveyance or leasing of the premises amounts to a revocation of license, whether by deed or parol, unless such license is coupled with an interest, and executed.</p> <p>7. Former decision — limited or overruled. The case of Russell v. Hubbard