Mendel v. Whiting

Citations

• 142 Ill. 348
• 31 N.E. 431

Syllabus

<p>1. Deed — description of land by reference to a plat. Where land is purchased and conveyed as a designated lot in a designated block and subdivision, and no other description is given of it, then the authentic plat of such subdivision is as much a part of the deed as if set out in it, and the purchaser will be restricted to the boundaries of the lot as shown by the plat.</p> <p>. . 2. A party took a conveyance for five acres by metes and bounds, which described the land as being a part of the east half of the southwest quarter of section 34, etc., commencing at a point on the east line of said east half of the south-west quarter, ten chains south of the north-east corner thereof; thence south on said east line five chains; thence west ten chains; thence north parallel with said east line five chains; thence east ten chains to the beginning, making the land three hundred and thirty feet from north to south by six hundred and sixty feet from east to west. This land was subdivided into blocks and lots as the north half of the south-east quarter of the north-east quarter of the south-west quarter of section 39, which in fact was six hundred and sixty three and one-tenth feet south of the quarter section line, and not six hundred and sixty, as was the case in the description in the deed. The owner afterward sold and conveyed the strip of three and one-tenth feet lying north of the subdivision. An owner of one of the north lots claimed this strip: Held, that such owner was not entitled to hold the same as against the grantee from the party who laid out the subdivision.</p>