Jones v. Johnston

THIS case was brought up by writ of error, from the circuit court of the United States, for the District of Illinois.

The case is stated in the opinion of the court, but it is difficult for the reader to understand the points, unless with the assistance of an explanatory map. Many of these were used during the argument, but the sketch here presented, may convey some idea of the locality.

Johnston, who brought the ejectment in the court below, was the owner of lot No. 34. Jones and Marsh claimed that lot No. 35 was entitled to the whole benefit of the alluvion. There were three trials in the court below, the last of which resulted in a verdict and judgment for the plaintiff as follows:--

Beginning at a point on the line between lots thirty-four and thirty-five, in Kinzie's addition to Chicago, Cook county, Illinois, three hundred feet southerly of the south line of North Water street, measuring on that line for distance; thence south, eleven degrees and thirty minutes, east, one hundred and thirty-five feet, to the north pier; thence easterly along the north pier to the shore of Lake Michigan; thence northwardly along the lake shore two hundred and twenty-two feet; thence westerly in a straight line to the place of beginning.

The instructions given to the jury by the circuit court are stated in the opinion of the court.

It was argued by Mr. Scammon and Mr. Johnston, for the plaintiffs in error, and by Mr. Lawrence and Mr. Chase, for the defendant.

On the trial in the circuit court, the counsel for the defendant made twelve prayers to the court; some of which were granted, others with reservations and qualifications. The counsel for the plaintiff made seven prayers, which were qualified in the same way; and then the court gave other instructions to the jury of its own accord. The arguments of counsel in this court discussed all these points; and it would not be possible to explain them, without giving too extended a statement of all the points.

Mr. Justice NELSON delivered the opinion of the court.