Kruse v. Scripps
Illinois Supreme Court
This was an action of ejectment, returned at the March term, 1841, of Schuyler Circuit Court, by Scripps, the defendant in error, against Kruse, averring that he was possessed of the southeast quarter of section numbered twenty-eight, in township numbered two north, of range number one, west of the fourth principal meridian 5 and the north-west quarter of number thirty-two, in township number three north, of range numbered one west of the aforesaid meridian, with all the…
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This was an action of ejectment, returned at the March term, 1841, of Schuyler Circuit Court, by Scripps, the defendant in error, against Kruse, averring that he was possessed of the southeast quarter of section numbered twenty-eight, in township numbered two north, of range number one, west of the fourth principal meridian 5 and the north-west quarter of number thirty-two, in township number three north, of range numbered one west of the aforesaid meridian, with all the privileges and appurtenances, &c., which he claimed in fee. And that he was peaceably possessed of the following lands, to…
1Opinion of the Court
Opinion by Treat, C. J.:
If a tract of land is conveyed by metes and bounds, or any other certain description, the grantee takes all of the land included within the designated limits, although the quantity may exceed what is stated in the deed; and he is restricted to those limits, if the quantity turns out to be less than is represented. The statement of quantity is considered as the most uncertain part of the description, and when inconsistent with boundaries, courses or distances, must be rejected. Powell vs. Clark, 5 Mass., 355; Jackson vs. Barringer, 15 Johnson, 471; Jackson vs. Moore, 6…
2Cases cited2 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
3Cited by8 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- Farrar v. PayneIllinois Supreme Court · 1874
- Fountain v. BookstaverIllinois Supreme Court · 1892
- Thompson v. HemenwayIllinois Supreme Court · 1905
- Bartlett v. HitchcockAppellate Court of Illinois · 1882
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