Haven v. Mehlgarten
Illinois Supreme Court
ERROR TO ST. CLAIR. The plaintiffs declared against defendants in assumpsit, declaration containing one special and the common counts.
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ERROR TO ST. CLAIR. The plaintiffs declared against defendants in assumpsit, declaration containing one special and the common counts. The special count alleges that plaintiffs, by regular conveyances and assignments, on the 16th day of November, 1852, had become seized and possessed of one undivided half of certain tracts of land, to which lands the legislature of Illinois, by an act passed 12th of February, 1849, entitled “ An act to establish a ferry on the Mississippi river, in St. Clair county,” had attached a ferry privilege, of which privilege they had, by said conveyances, become also…
1Opinion of the CourtBreese, J.
On the 12th day of Eebruary, 1849, an act of the General Assembly of this State was approved, entitled “An act to establish a ferry on the Mississippi river, in St. Clair county.” By the first section of this act, certain persons named therein, “ their associates, heirs and assigns,” were authorized to establish a ferry on the Mississippi river, opposite Carondolet, in Missouri, on Claim No. 207, Survey 108, and the privilege granted to ferry across that river, from that point, for the term of fifteen years, which right is made to extend two miles up, and two miles down, that river, from the…
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