Borders v. Hodges
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. B. R. Burroughs, Judge, presiding. Appellees filed their bill for partition of certain lands in Randolph county, making appellants defendants thereto. Appellants answered, setting up title in themselves, and also filed their cross-bill to correct the decree, deed and report of sale, under which they claimed title, and to make the description of the lands therein more specific.
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Appeal from the Circuit Court of Randolph county; the Hon. B. R. Burroughs, Judge, presiding. Appellees filed their bill for partition of certain lands in Randolph county, making appellants defendants thereto. Appellants answered, setting up title in themselves, and also filed their cross-bill to correct the decree, deed and report of sale, under which they claimed title, and to make the description of the lands therein more specific. On hearing, the cross-bill was. dismissed and a decree was entered in accordance with the prayer of the original bill, from which this appeal is prosecuted. The…
1Opinion of the Court
Phillips, J.:
The evidence in this record does not show the quantity of land in the two surveys of the two claims. “Part of claim No. 2087, survey No. 440, in township 6, south of range 8, west, and part of claim No. 559, survey No. 696, in township 6, south of range 7, west, saving and exceping 73-nnr acres off of claim No. 2087, survey No. 440, sold by Catherine Fisher by virtue of an order of the probate court made at the January term, 1869, sold to pay debts,” as a description in the petition, notice to non-residents, decree, report of sale and deed, must be held void for uncertainty. If…
2Cases cited5 opinions
- Davidson v. YoungIllinois Supreme Court · 1865
- Kinney v. KnoebelIllinois Supreme Court · 1868
- Carter v. BarnesIllinois Supreme Court · 1861
- Cox v. GarstIllinois Supreme Court · 1883
- McConnel v. SmithIllinois Supreme Court · 1866
3Cited by8 opinions
- Ring v. LawlessIllinois Supreme Court · 1901
- Henderson v. KibbieIllinois Supreme Court · 1904
- Cross v. JanesIllinois Supreme Court · 1927
- Bank of Ipswich v. BrockSouth Dakota Supreme Court · 1900
- Gruenewald v. NeuIllinois Supreme Court · 1905
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