Legal Opinion

Bolden v. Sherman

Illinois Supreme Court

Decided March 26, 1884PublishedCited by 4 opinions

Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an action of ejectment, brought by Sherman, appellee, against Bolden and Stevens, appellants, to recover a strip of land six feet wide in its front on State street, and running eastward 144 feet to an alley, the north line of said strip being 927 feet south of the north line of fractional quarter-section 22,—otherwise described as six feet in width, from front to rear, of the…

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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an action of ejectment, brought by Sherman, appellee, against Bolden and Stevens, appellants, to recover a strip of land six feet wide in its front on State street, and running eastward 144 feet to an alley, the north line of said strip being 927 feet south of the north line of fractional quarter-section 22,—otherwise described as six feet in width, from front to rear, of the north side of lot 8, in block 10, in assessor’s division of the north-west fractional quarter of section 22, etc., and…

1Opinion of the CourtJustice Dickey

The deed from the executors of the estate of Eliza Garrett, to Stevens, we think was color of title. Monuments always prevail over distances. This deed purported to convey to Stevens lots 10 and 11, in the Garrett subdivision. These lots, by the plat and stakes, covered the 51 feet next north of this fence, and embraced the land in controversy. It is true the deed says the north-west corner is 216 feet south of the north-west corner of the Garrett tract, when the northwest corner of this 51 feet was, in fact, 222 feet south of the Garrett tract, by the description in the deeds to the property…

2Cases cited4 opinions

  1. Wright v. MattisonSupreme Court of the United States · 1856
  2. Board of Trustees v. HavenIllinois Supreme Court · 1850
  3. Coleman v. BillingsIllinois Supreme Court · 1878
  4. Bolden v. ShermanIllinois Supreme Court · 1882

3Cited by4 opinions

  1. White v. HarrisIllinois Supreme Court · 1903
  2. Gochenour v. LogsdonIllinois Supreme Court · 1940
  3. Timmons v. KidwellIllinois Supreme Court · 1891
  4. Osburn v. SearlesIllinois Supreme Court · 1895

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