McClintock v. Rogers
Illinois Supreme Court
This was an ejectment, to recover the east half of the southeast quarter of section thirty-one, township five south, range four west, brought by David Rogers, the defendant in error, against Robert McClintock, the plaintiff in error, and tried before Mr. Justice Purple, without the intervention of a jury, at the April term, 1848, of the Pike Circuit Court. The declaration being filed, the defendant pleaded the general issue, upon which issue was joined.
Read the full summary
This was an ejectment, to recover the east half of the southeast quarter of section thirty-one, township five south, range four west, brought by David Rogers, the defendant in error, against Robert McClintock, the plaintiff in error, and tried before Mr. Justice Purple, without the intervention of a jury, at the April term, 1848, of the Pike Circuit Court. The declaration being filed, the defendant pleaded the general issue, upon which issue was joined. At the September term, 8471, the cause was, by consent, submitted to the Court, for trial, and the evidence being heard, the cause was taken…
1Opinion of the Court
Opinion by Mr. Justice Catón :
Where, as in a patent from the United States, the land is only described in the conveyance by numbers and quarters, we have to look at the plats and field notes of the public surveys, in order to locate the land. These are to be considered as if incorporated into the patent itself. In order to understand these, we must observe the system under which the surveys were made. By this system, the public lands are first surveyed into townships, six miles square, the lines of which are required to correspond with the cardinal points. At the corners of the townships,…
2Cited by27 opinions
- Forest Preserve District v. Lehmann Estate, Inc.Illinois Supreme Court · 1944
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Neill v. WardSupreme Court of Vermont · 1930
- Miller v. WhiteSupreme Court of Florida · 1887
- Martin v. CarlinWisconsin Supreme Court · 1865
22 more not listed; retrieve them via the Exa API.