Maloney v. Shattuck
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action for forcible detainer by appellee against appellant.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action for forcible detainer by appellee against appellant. The complaint was as follows: State of Illinois, ) Cook County, j J. S. Shattuck complains to J. G. Bolton, Esq., a justice of the peace in and for said county and State, that he, the said J. S. Shattuck, is the owner of and is entitled to the possession of the following described premises in said county, to wit: Commencing at a point on the north line of lot 16, in County Clerk’s division of undivided lands in Section 20, 37,11, Cook…
1Opinion of the CourtWilson, J.
It would be sufficient ground for the reversal of the judgment below that the description of the premises, as set forth in the complaint, is void for uncertainty, the metes and bounds as given not inclosing any land. We have examined the description with care, and find that the two terminal points do not meet by at least one hundred and fifty feet. In determining as to the sufficiency of the description in this class of cases, the proper test is whether an officer executing a writ of restitution could identify the premises described in his writ. This in the present case would be impossible.
Aga…
2Cases cited2 opinions
- Dudley v. LeeIllinois Supreme Court · 1866
- Illinois Central Railroad v. Indiana & Illinois Central Railway Co.Illinois Supreme Court · 1877
3Cited by2 opinions
- Worley v. EhretAppellate Court of Illinois · 1976
- Worley v. JansenAppellate Court of Illinois · 1976