Allmon v. Stevens
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a petition filed by William H. Stevens, against David W. Allmon, for the appointment of a commission of three surveyors to establish the quarter section corner on the north side of section 22, T. 3 U., B,. 2 E., with the half mile line dividing said section north and south, which was alleged to have been in dispute.
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Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a petition filed by William H. Stevens, against David W. Allmon, for the appointment of a commission of three surveyors to establish the quarter section corner on the north side of section 22, T. 3 U., B,. 2 E., with the half mile line dividing said section north and south, which was alleged to have been in dispute. Allmon appealed from the final order of the court confirming the report of the surveyors.
1Opinion of the CourtChief Justice Breese
The only real controversy in this case is, as to the half mile corner on the north line of section twenty-two, in township three north, range two east. This was a proceeding under the act of March 25, 1869, entitled “An act to provide for the permanent survey of lands.”
We had occasion, in the case of Martz et al. v. Williams et al. 67 Ill. 306, to comment on the requirements of this act, and on the powers and duties of the commissioners to be appointed under it, and held they had no power to establish new corners or lines, but to ascertain the original corners and lines, and re-establish them.
2Cases cited2 opinions
- Martz v. WilliamsIllinois Supreme Court · 1873
- Colvin v. FellIllinois Supreme Court · 1866
3Cited by3 opinions
- Krause v. NolteIllinois Supreme Court · 1905
- Schrader v. KehrIllinois Supreme Court · 1908
- Burns v. KimberAppellate Court of Illinois · 1912