Edwards County v. White County.
| Decision Date | 30 June 1877 |
| Citation | 85 Ill. 390,1877 WL 9568 |
| Parties | EDWARDS COUNTYv.WHITE COUNTY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of White county; the Hon. TAZEWELL B. TANNER, Judge, presiding.
Messrs. BELL & GREEN, for the appellant.
Messrs. CREBS & CONGER, and Mr. P. A. PEARCE, for the appellee.
The county of Edwards exhibited its bill in equity, in the court below, against the county of White, to settle what is claimed to be a disputed boundary line between those counties. A demurrer was sustained to the bill, and the record is brought before us by the appeal of the county of Edwards.
The line claimed to be in dispute is that established by the act of January 22, 1829, defining the southern boundary line of the counties of Wayne and Edwards. So much of the act as is pertinent to the question is as follows: “That the following shall be the southern boundary of the counties of Wayne and Edwards: Beginning at the S. W. corner of section 18, T. 3 S., of R. 5 E., and running thence east along the middle line of township 3, to the S. E. corner of section 13, T. 3 S., of R. 9 E., for the county of Wayne; and from thence east along said line to the Bon Pas creek, or to the Wabash river, as the case may be, for the county of Edwards.”
These ranges are counted east from the third principal meridian, and the ranges continue to be thus counted until range fourteen west from the second principal meridian is met. In consequence of errors in the government surveys, the township lines east of the third principal meridian do not meet the township lines west of the second principal meridian, but the latter intersect the range line about ninety-five rods north of the points of intersection of the former, thus forming what is termed a “jog,” in the townships.
The county of Edwards claims that its southern line should be extended from the point of its intersection with the range line between ranges 14 west and 11 east, in the same course or direction with that it bears through the preceding townships, until it strikes the Bon Pas creek, or Wabash river, as the case may be, without regard to the “jog” in the townships. In other words, that it is an unbroken or straight line in continuation of the line forming the southern boundary of Wayne county.
The county of White claims that the line is that of the middle of the tier of townships bearing the number “township three, south,” and that, consequently, it is broken, or forms a “jog” with that line on the range line between ranges 11 east and 14 west.
The question is, what is the reasonable construction of the language of the act of January 22, 1829, above quoted? No fixed monument is designated on the Bon Pas creek, or the Wabash river, as the terminus of the...
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Randolph v. Moberly Hunting & Fishing Club
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