McCormick v. Huse

Citations

• 78 Ill. 363

Syllabus

<p>1. Allegations and proofs. If the plaintiff in ejectment, in his declaration, describes the land sued for as lying south of the west half of a given quarter section, and between the south line of such quarter and a bayou, and the proof shows that his land lies south of the east half of the same quarter, he can not recover.</p> <p>2. Boundaries—reference to government plat. Where fractional pieces of land are patented, bounded, in part, by a stream, or bayou, and there is a dispute as to the boundaries, the original plat, or a copy thereof, may be resorted to, and the lines as originally run will control.</p> <p>3. Where a fractional half quarter section appears, from a government plat made from the original field notes of the survey, to have a clearly defined south line from a common corner of certain sections, 1266 links to a bayou of the Illinois river, which is navigable, and running thence northwesterly to the west line, the patentee and those claiming under him will be restricted to the boundaries as shown by the plat and field notes, and the hayou will form a part of the houndaiy line.</p> <p>4. Where a quarter of land is made fractional by a navigable water course, a party receiving a patent for a fractional part of it on one side of the water course, where the area sold to him is noted on the plat of the fractional tract called for by his patent, and the contents calculated, his entry and purchase will not extend across the stream, so as to embrace that part of the quarter on the other side. In such a case, the party purchases by the plat.</p>