Legal Opinion

Colvin v. Fell

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 5 opinions

Appeal from the Circuit Court of McLean county; the-Hon. John M. Scott, Judge, presiding.. This was a bill in chancery filed by Jesse W. Fell and others, in the McLean Circuit Court, against Elias Heller and others. The object of the bill was to obtain a resurvey of township twenty-four north, in range three, east of the third principal meridian.

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Appeal from the Circuit Court of McLean county; the-Hon. John M. Scott, Judge, presiding.. This was a bill in chancery filed by Jesse W. Fell and others, in the McLean Circuit Court, against Elias Heller and others. The object of the bill was to obtain a resurvey of township twenty-four north, in range three, east of the third principal meridian. The commencement of this proceeding was authorized by an act of the general assembly, adopted for the purpose of conferring power to have a resurvey made in this mode. A hearing was had, and a decree appointing commissioners and prescribing the rules…

1Opinion of the CourtChief Justice Walker

It appears that township twenty-four north, in range two east in McLean county, was never surveyed into sections, or if so, that the interior corners were never established by the government surveyors. To avoid litigation, and to settle the rights of the various owners of the lands in the township, the general assembly, at its session of 1865 (Private Laws, vol. 1, p. 254), adopted an act authorizing any number of the owners of lands in the township to file a bill in the McLean Circuit Court against the other owners, for the purpose of having commissioners appointed to resurvey the township,…

2Cited by5 opinions

  1. Wadhams v. Flagler GayIllinois Supreme Court · 1874
  2. Forest Preserve District v. Lehmann Estate, Inc.Illinois Supreme Court · 1944
  3. Yellowstone River, LLC v. Meriwether Land Fund I, LLCMontana Supreme Court · 2011
  4. Martz v. WilliamsIllinois Supreme Court · 1873
  5. Allmon v. StevensIllinois Supreme Court · 1873

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