Legal Opinion

Choteau v. Jones

Illinois Supreme Court

Decided December 15, 1849PublishedCited by 47 opinions

This is a bill in chancery, filed in the Madison Circuit Court on the 7th March, 1844, to set aside and cancel a certain deed of conveyance of two sections of land, situate in that county, of the date of January 31, 1824, from John Rice Jones to his sons, George W. Jones and William P. Jones.

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This is a bill in chancery, filed in the Madison Circuit Court on the 7th March, 1844, to set aside and cancel a certain deed of conveyance of two sections of land, situate in that county, of the date of January 31, 1824, from John Rice Jones to his sons, George W. Jones and William P. Jones. The hill sets forth that, on 10th November, 1821, John Rice Jones, administrator of one Thomas Brady, deceased, executed his bond to the Governor of Missouri, being an administration bond, for the faithful administration of the estate of Brady; and that one Pierre Choteau was his security on the bond.…

1Opinion of the Court

Opinion by Treat, C. J.:

We are not prepared to decide that the deed from John Rice Jones to George W. Jones and William P. Jones, was void, as respects the premises in question, because of uncertainty in the description. There are references in the deed by which the lands can be ascertained and distinguished. It is stated in the conclusion of the description that the lands are “ all situated in the state of Illinois, and patented to the said John Rice Jones.” These words must be understood as applying to all of the lands intended to be conveyed. If so, the description, unconnected with the…

2Cases cited3 opinions

  1. State v. JohnstonTennessee Supreme Court · 1847
  2. Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
  3. Brownell v. CurtisNew York Court of Chancery · 1843

3Cited by47 opinions

  1. Stebbins v. DuncanSupreme Court of the United States · 1883
  2. Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
  3. Holden v. GarrettSupreme Court of Kansas · 1879
  4. Oswald v. WolfIllinois Supreme Court · 1889
  5. Estate of Ramsay v. WhitbeckIllinois Supreme Court · 1900

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