Stevens v. Wait

Citations

• 112 Ill. 544

Syllabus

<p>1. Descbiption—boundary—of its sufficiency, generally—oral evidence to explain ambiguity. Any description of land in a deed of conveyance by which the identity of the premises intended tó be conveyed can be established, is sufficient; and for the purpose of sustaining a grant, extrinsic evidence may be used tb identify and establish the objects and calls in the deed. Oral evidence may be introduced to explain an ambiguity in a deed, but not to enlarge or vary its terms.</p> <p>2. Same—rejecting a senseless or ummeaming portion of a description. In attempting to describe a tract of land in a deed, by metes and bounds, giving courses and distances, three of the four lines necessary to the description—the south, east and north lines,—were plainly given, leaving no uncertainty. Then in producing the west line, it was described as running from the west end of the south line “north 60° 30' west,” etc., giving the distance, “to a stake.” The course thus given would make this fourth line -run, not north to the west end of the north line, but nearly west, and would, in connection with the other three lines, inclose no land at all. So the words, “60° 30' west,” being unmeaning, were rejected as surplusage, leaving the line to read, “thence north,” etc., “to a stake.” In that way the description of the land was made certain.</p> <p>3. Same—quantity controlled by courses and distances. In the same deed, the first part of the description designated the land intended to be conveyed, as “34 69-100 acres off of the south side of the south-east quarter of section 14. ” But no importance was attached to that part of the description, as it was controlled by what immediately followed, giving the corners and boundaries of the land.</p> <p>4. Limitations—as between tenants in common. One tenant in common can not set up the bar of the Statute of Limitations to defeat an action brought by his co-tenants, for the reason that his possession is not adverse. Possession of land, however long