Everett v. Boardman

Decided January 15, 1871

Illinois Supreme Court · decided 1871-01-15

Writ of Error to the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was a suit in chancery, instituted in the court below by Isaac S. Boardman, against the widow and heirs of James E. Everett, deceased, to foreclose a mortgage executed to the complainant by the said James E. and his wife, and to reform the mortgage in respect to an alleged mistake in the description of the premises therein.

Cited by 1 later decisions — most recently October 1878

1 state decisions

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Decided 1871-01-15

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Per Curiam:

¶1The mortgage deed is for lot six, but the description of the land conveyed is by metes and bounds, and describes lot two; and it is further described as being part and parcel of the real estate of which Winltfield Everett, late of said county, deceased, was seized at the time of his death, and which was set apart and allotted to the said James E. Everett (the mortgagor) as one of the heirs of the said deceased, by commissioners appointed, etc., and a reference made to their recorded report.

¶2These recitals and references sufficiently identify the land as lot two, and no reformation or correction of the deed was necessary. The dower of the wife in the land passed by her acknoAvledgment, which is in proper statutory form.

¶3The decree of the circuit court is affirmed.

¶4Decree affirmed,