Piper v. Connelly

Citations

• 108 Ill. 646
• 1884 Ill. LEXIS 1526

Syllabus

<p>1. Appeal—whether freehold involved—in trespass quare clausum fregit, on plea of liberum tenementum. In trespass quare clausum fregit, for breaking and entering tbe plaintiff’s close and cutting arid carrying away Ms ice, when tbe pleas are tbe general issue and liberum tenementum, a free-bold is involved, and an appeal lies directly from tbe trial court to tbe Supreme Court. Tbe plea of liberum tenementum, when put directly in issue by tbe replication, necessarily involves a freehold.</p> <p>2. Conveyance—rule of construction. The question of the intention of the parties in conveying land must be ascertained from the language of the deed and all the attendant circumstances in evidence, and not merely by the letter in the descriptive part of the deed.</p> <p>3. Same—reference to a prior bond for a deed. In construing a deed made in discharge of a prior bond for a conveyance, the bond may be referred to as a circumstance showing the intention of the parties, as respects the sale, not of itself conclusive, but to be considered in connection with other circumstances.</p> <p>4. ' Boundakies—as to land on a water-course—whether the line extends to the center of the stream. A grant of land bounded upon a river or its margin, above tide-water, carries with it the exclusive right and title of the grantor to the center thread of the current, unless the terms of the grant clearly denote an intention to stop at the margin.</p> <p>5. Same—a bond, for a deed construed, as to whether grant extends to center of river. A bond for a deed of land on a river, after describing the land, contained the further words, “together with all water privileges, rights and immunities of the said party of the first part therewith connected:” Held, that these words, taken in connection with the fact that there were no water privileges, etc., connected with the tract save those resulting from the river being the boundary on one side, rendered it absolutely certain it was not intended that the pur