Charter v. Wilson M. Graham.
| Decision Date | 30 September 1870 |
| Citation | 56 Ill. 19,1870 WL 6468 |
| Parties | SQUIRE L. CHARTER et al.v.WILSON M. GRAHAM. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Henderson county; the Hon. ARTHUR A. SMITH, Judge, presiding.
The opinion of the court contains a sufficient statement of the case.
Messrs. FROST & TUNNICLIFFE, for the appellants.
Mr. C. M. HARRIS, for the appellee.
This was an action of ejectment, in which the plaintiff claimed by virtue of a deed from the patentee, Holbrook, to one Hooper, dated July 31, 1818, and the defendant under a deed from the patentee to one Dunn, dated August 3, 1818. The plaintiff, on the trial, offered a duly authenticated copy of the patent, and then a transcript from the records of the recorder's office of Pike county, showing a registry of the patent, and, as a part of the same instrument, the registry of a deed undoubtedly written on the back of the original patent, running from the patentee to Hooper, and not describing the land by its numbers, but only as “all that certain tract or parcel of land within mentioned and described.” The habendum clause of the deed declares that the said Hooper is to have and hold said land “in as full and ample a manner as I, the said Edward Holbrook, am entitled to hold the said described tract of land by virtue of the within grant.”
The plaintiff also read in evidence the deposition of the recorder of Pike county, to which is attached an exhibit showing the precise mode in which the registry was made. It appears from the testimony of the recorder and from the exhibit, that the patent and the deed were recorded as one instrument. While different deeds upon the record are separated from each other by two lines ruled across the page in black ink, the patent and deed in this case have no such line between them, and no more space than is to be found between any two lines of the patent or deed. It further appears that at the end of the registry of the deed is a memorandum by the recorder showing the date of the registry, and such a memorandum is to be found at the end of every instrument in the books of the office, so far as the recorder has examined, but no such memorandum is to be found at the end of the registry of this patent.
From these different facts there cannot be the slightest doubt that the deed from the patentee to Hooper was written on the back of the patent, and the want in the deed of a...
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