Stout v. Cook

Citations

• 37 Ill. 283

Syllabus

<p>1. Description — when void for uncertainty. A levy of an execution upon a tract of land by the description of the “ East fractional Southeast Section 6. 38, 4,” would not be a levy upon the “East Fraction of Section Six,” the section having been so surveyed by the government as to make both an East fractional part and a Southeast fractional quarter, distinct from each other, the land being intersected by a river.</p> <p>2. Cloud upon title. Although the levy and sale, and deed in pursuance of them are void for uncertainty, yet when the defendant claims title under them, a court of chancery will render a decree quieting the title.</p>