Whittemore v. Mason
Illinois Supreme Court
The opinion contains all that is requisite, to give a full understanding of the question decided. The cause was tried before Leland, Judge, at October term, 1852, of the Bureau Circuit Court, and a judgment was rendered sustaining the award. Whittemore, the plaintiff in the suit below, appealed.
1Opinion of the CourtTreat, C. J.
An objection is taken to that part of the award which relates to the division fence between the parties. The award in this respect is alleged to be uncertain and indefinite. The arbitrators decided that the north half of the fence should be made and maintained by the plaintiff, and the other half by the defendant. So far, the award is certain and explicit. There was already a fence on the same line. A part of the north half was originally built by Magoon, the grantor of the defendant; and the plaintiff subsequently put rails and stakes upon it. The arbitrators were called, on to determine to…
2Cited by2 opinions
- Burrows v. GuthrieIllinois Supreme Court · 1871
- Holmes v. SmithSupreme Judicial Court of Maine · 1861