Legal Opinion

Owen v. Village of Brookport

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 7 opinions

Appeal from the Circuit Court of Massac county; the Hon. A. K. Vickers, Judge, presiding. This is a bill for partition, filed in the circuit court of Massac county on March 11, 1902, by the appellant against the appellees for the partition of a piece of land described in the bill as follows: “One-half of a tract or parcel of land, situated in the county of Massac and State of Illinois, in front of the town of Brooklyn and bounded as follows, viz.: Commencing at lot No. 1 and…

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Appeal from the Circuit Court of Massac county; the Hon. A. K. Vickers, Judge, presiding. This is a bill for partition, filed in the circuit court of Massac county on March 11, 1902, by the appellant against the appellees for the partition of a piece of land described in the bill as follows: “One-half of a tract or parcel of land, situated in the county of Massac and State of Illinois, in front of the town of Brooklyn and bounded as follows, viz.: Commencing at lot No. 1 and running to lot No. 30 in length, and commencing at low water mark and running up to First or Front street of said town…

1Opinion of the CourtJustice Magruder

The property in controversy in this case is the levee, or water front, in Brookport, Illinois, and comprises the sloping bank of the Ohio river, situated in front of the town. The proof tends to show that at times the Ohio river rises, so that the north line of the river upon the river front of Brooklyn shifts; in time of high water it is further north than in time of low water. The space of ground between the tier of lots, commencing" at lot No. 1 and running to lot No. 30—which front to the south upon the north side of Water street—and the low-water mark of the river has no other…

2Cases cited13 opinions

  1. Godfrey v. City of AltonIllinois Supreme Court · 1850
  2. Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1886
  3. Holbrook v. DeboIllinois Supreme Court · 1881
  4. Russell v. City of LincolnIllinois Supreme Court · 1902
  5. Thompson v. MaloneyIllinois Supreme Court · 1902

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3Cited by7 opinions

  1. Lambach v. Town of MasonIllinois Supreme Court · 1944
  2. Ryerson v. City of ChicagoIllinois Supreme Court · 1910
  3. Poole v. City of Lake ForestIllinois Supreme Court · 1909
  4. Dupont v. MillerIllinois Supreme Court · 1923
  5. Kaufman v. City of ButteMontana Supreme Court · 1914

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