Legal Opinion

Dougherty v. Purdy

Illinois Supreme Court

Decided December 15, 1856PublishedCited by 12 opinions

This was an action of ejectment, by the plaintiff* in error against the defendant in error, to recover the west half of the northwest quarter of section one, township one north, of range one west of the fourth principal meridian. The cause was tried by Thompson, Judge, of the tenth judicial circuit, in Fulton county, at the February term, 1856, a jury being waived, and the issue found for the defendant, who had judgment for his costs.

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This was an action of ejectment, by the plaintiff* in error against the defendant in error, to recover the west half of the northwest quarter of section one, township one north, of range one west of the fourth principal meridian. The cause was tried by Thompson, Judge, of the tenth judicial circuit, in Fulton county, at the February term, 1856, a jury being waived, and the issue found for the defendant, who had judgment for his costs. On the trial the possession was admitted, and the plaintiff introduced title- papers deducing title in fee from the United States to Samuel Shaw, to the whole…

1Opinion of the CourtCaton, J.

The first question is, whether this deed was void for uncertainty in the description of the premises conveyed. The description is this : “ An undivided half of the northwest quarter of section one, in township one north, in range one west, in the State of Illinois.” By looking at this description alone we certainly cannot say that it is void, or even defective. We cannot say that it does not describe the premises sufficiently and accurately. If, however, we look outside the deed, examine the acts of congress,"and the public surveys of the state, we see there is an ambiguity in the…

2Cited by12 opinions

  1. Dutch v. BoydIndiana Supreme Court · 1881
  2. Flynn v. HolmanSupreme Court of Iowa · 1903
  3. Graves v. RoseIllinois Supreme Court · 1910
  4. Bybee v. HagemanIllinois Supreme Court · 1873
  5. Richards v. SniderOregon Supreme Court · 1883

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