Kile v. Town of Yellowhead

Citations

• 80 Ill. 208

Syllabus

<p>1. Description oe land—of what courts will take notice without proof. Courts will take notice of the meaning of initials used in the description of land in this State, in conveyances, levies of executions, judicial sales, surveys, assessments for taxes, etc., without further proof.</p> <p>3. Where, in the description of land, the number of a township is used without indicating whether north or south, and there is no township of that number south in the county where the land is described as being, the court will take notice of the fact, and that the township referred to is north.</p> <p>3. The court will also take notice that the south line of section 36, and the south line of the township, are one and the same line.</p> <p>4. Variance—in description of some points or lines not material, if all taken together locate the same road. Where the court can, from the petition for the establishment of a road, the order establishing it, and the plat thereof, locate the road, without any difficulty, as the same road described in the complaint for obstructing a road, there is no substantial variance, although some of the points on the line of the road may be described in different language in different parts of the proceedings.</p> <p>5. Estoppel—owner of land receiving damages awarded. Where a road is ordered to be opened, and the owner of land over which it passes receives the money awarded to him as damages by the commissioners of highways, he is estopped from alleging that the proceedings wore void.</p>