Rohn v. Harris
Illinois Supreme Court
"Appeal from the Circuit Court of Cass county; the Hon. Cyrus Epíer, Judge, presiding. This was a bill for partition, brought by Ann Harris and Mary Frances Byers,-in which they claim the undivided one-half of the ferry crossing the Illinois river opposite the town of Beardstown, Cass county, with all and singular the here-ditaments and appurtenances thereto belonging, including all ferry landings belonging to the same situated both in Cass and.
Read the full summary
"Appeal from the Circuit Court of Cass county; the Hon. Cyrus Epíer, Judge, presiding. This was a bill for partition, brought by Ann Harris and Mary Frances Byers,-in which they claim the undivided one-half of the ferry crossing the Illinois river opposite the town of Beardstown, Cass county, with all and singular the here-ditaments and appurtenances thereto belonging, including all ferry landings belonging to the same situated both in Cass and. Schuyler counties; also all boats, tackle and property belonging thereto, and the franchise thereof. The complainants claim title to an undivided…
1Opinion of the CourtJustice Craig
It is first claimed that a ferry is but a franchise, and is in no respect real property, and a bill for partition will not lie. The privilege of establishing a ferry and taking tolls for the use of the same is a franchise. (3 Kent, 458.) The same author says (459): “An estate in such a franchise and an estate in land rest upon the same principle, being equally grants of a right or privilege for an adequate consideration.” In Dundy v. Chambers, 23 Ill. 369, the question arose whether 'a ferry franchise is embraced within and governed by the Conveyance act, or whether it was to be regarded as…
2Cases cited2 opinions
- Dundy v. ChambersIllinois Supreme Court · 1860
- Higgins v. CrosbyIllinois Supreme Court · 1866
3Cited by13 opinions
- Peck v. PeckIllinois Supreme Court · 1959
- Burdick v. PeopleIllinois Supreme Court · 1894
- Rosenbaum v. RosenbaumAppellate Court of Illinois · 1976
- Levy v. Chicago National BankIllinois Supreme Court · 1895
- Blair v. JohnsonIllinois Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.