Mason v. Merrill

Citations

• 129 Ill. 503
• 21 N.E. 799

Syllabus

<p>1. Description in a deed—sufficiency. Any description adopted in a, deed by which the premises intended to be conveyed may be established and identified, is sufficient.</p> <p>2. Same—extrinsic evidence in aid of description. In placing a construction upon the description of land in a deed, extrinsic facts may toe resorted to for the purpose of determining what was intended.</p> <p>3. If the language of the deed is applicable to several persons, to several parcels of land, or the terms be vague and general, parol evi-dence is admissible of any extrinsic circumstance tending to show what things were intended by the party, or to ascertain his meaning in any other respect.</p> <p>4. In this case, a deed of trust described the premises “as situate in C., county of Cook, and State of Illinois, to-wit, lots 9,12 and 13, in block 11, and streets. The plat of 0., aforesaid, was recorded in the-recorder’s office of Cook county, aforesaid, in book 143 of maps, p. 99, to which reference is made for a more particular description of the premises.” The plat showed a street on the west of the lots, called. “Michigan Terrace,” lying between the lots and a right of way of a railway company. The extrinsic evidence showed that the street had been, vacated by the legislature, and that the grantor owned such street, and. had no other lots and street situated in a similar condition: Held, that these facts were sufficient to show that the trust deed passed the land, between the lots and the railroad, which was formerly a street.</p>