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93 Ill. 233

Cottingham v. Parr

Illinois Supreme Court

Decided September 15, 1879

Illinois Supreme Court · decided 1879-09-15

D. McCulloch, Judge, presiding. On the 16th of March, 1869, John F. Cottingham was the owner in fee of the east half of the east half of section 20, in township 8 north of range 6 east of the 4th principal meridian, being the east half of the north-east quarter of said sec-tion, and the east half of the south-east quarter of the same section.

Good law ✅— No negative treatment on recordhow we know

Decided 1879-09-15

How this case has been cited

Cited by 10 later decisions — most recently January 1970

10 state decisions

4018791880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Dickey

¶1delivered the opinion of the Court:

¶2The majority of the court are of opinion that the judgment of the circuit court is right. The case turns on the construction of the deed of John F. Cottingham to Patterson, made on the 16th day of March, 1869. If the land in dispute passed to Patterson by that deed the defendant must prevail. That deed was made before the deed to Rice, and was recorded before the deed to Bice was recorded, and when Bice’s deed was made Patterson was in. actual open possession under his deed. The case then stands as it would stand had John F. Cottingham never made any conveyance except that to Patterson, and were he the plaintiff- in this action.

¶3The description in his deed to Patterson says expressly that the line between that part of the east half of the south-east quarter which he conveys and the balance is the hedge. It is true he calls it “half (J) acre.” This may, under the description, be equivocal; but the rule is, that a deed must be construed most strongly against the grantor. It is' also a rule that where land is described in a deed by monuments and quantity, and upon a survey they are not harmonious, the quantity must yield to the monuments. ' In fact, of all the indicia by which the boundaries of land are to be ascertained that of quantity is held perhaps the least reliable. Quantity yields to course and distance, course and distance to monuments.

¶4The judgment must be affirmed.

¶5Judgment affirmed.

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