Rock Island County v. Sage

Citations

• 88 Ill. 582

Syllabus

<p>1. Boundary dine—between the counties of Rocíe Island and Whiteside. In order to ascertain the boundary line between the counties of Rock Island and Whiteside, it is necessary to fix that portion of the line described as “the middle of the Marais d’Ogee slough or creek.” It appears that at low water, at a point nearly equi-distant between the Mississippi river and Rock river, there is a strip of dry land called the “ divide,” running nearly north and south, and separating the waters of the two rivers. Thus, except in high water, there are two distinct sloughs, one communicating with Rock river, the other with the Mississippi river, with no distinctly marked channel between them. That branch of the Rock river division of this bayou which passes to the south of Philleo island, it is supposed, was originally the main bayou, and the thread of the stream, when the waters were high enough to flow from one river to the other, was through this channel; and at the time the boundary was established, in 1831, there is little doubt but the valley south of that island was known and recognized as the valley of the Marais d’Ogee. Then, the correct mode of fixing the line over the “ divide,” (which, at high water, is submerged, and over or across which the thread of the stream originally passed,) where there is no plain difference in the levels, is to follow a straight line between the nearest points known to be in the thread. Where there is a palpable difference in levels, the lowest ground must be sought.</p> <p>2. In this approximation to the exact line called “ the middle of the Marais d’Ogee,” it was considered the thread of the stream was such that the lands in dispute in the case lie to the north and east of the line between the two counties, and therefore within the bounds of Whiteside county. The lands involved in the litigation were situate in sections four and nine, in township nineteen north of range three east of the fourth principal meridian.</p> <p>3. Same—constit