Stark v. Ratcliff

Citations

• 111 Ill. 75

Syllabus

<p>1. Pleading and evidence — variance in description of land. In an action upon the covenants of warranty in a deed for land, the declaration described the land as “twelve hundred and eighty acres of land in Wichita, on the waters of Gilbert creek, and described as follows: beginning at a stake in the south-west corner of survey No. 1, made for the B. B. B. & C. B. B. Co., and 950 vers east from the north-west corner of a survey made in the name of L. Well's, ” etc., giving the metes and bounds. The deed gave the same description, except after the words “ Gilbert creek, ” are the following additional words: “Patented to W. W. Purinton on the 7th day of November, 1873 — Patent No. 404, volume No. 8:” Held, that these words afforded no ground for excluding the deed as for a variance.</p> <p>2. Pleading — particularity of description required. It is not required by the rules of good pleading that the pleader shall, in every case, when describing an instrument or object, specify all the means by which it may be properly identified. In such case it will suffice if the marks or means of identification specified distinguish such instrument or object with reasonable certainty.</p> <p>3. Same — covenant for breach of warranty — description of the land. In an action for the breach of the covenants in a warranty deed, it is a matter of no consequence whether the land to which the covenants relate is as fully described as it might be, or even as in the defendant’s deed, provided the declaration shows, with reasonable certainty, it is the same land to which the covenants relate.</p> <p>4. Jurisdiction — when defendant must plead — waiver. If a local action is brought against one in the wrong county, and the court in which the action is brought has a general jurisdiction in that class of cases, the defendant must plead to the jurisdiction, or otherwise take advantage of the irregularity in the court in which the action is brought, and failing to do so he can not question collate