Bunch v. Thomblison
Case Details
- Judge(s)
- Burnett, McBride, Moore, Ramsey
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Illinois
Outcome
Appellate court affirmed jury verdict and $5,000 judgment for plaintiff (administrator of deceased coal miner) against mine owner for negligence resulting in the miner's death from being crushed between coal cars due to obstructed entry.
Excerpt
From Josephine: Frank M. Calkins, Judge. Department 1. Statement hy Mr. Chief Justice McBride. This is an action in ejectment by Ada Erb Bunch against George B. Thomblison, Artie Thomblison and Mary Ellen Leonard, to recover possession of a certain 40-acre tract of land, situated in Josephine County. The plaintiff obtained a verdict and judgment, and defendants appeal. The facts appearing on the record are as follows: On April 2, 1892, J. D. Glidden and Ellenor, his wife, being the owners of the west half of the southeast quarter and the southwest quarter of the northeast quarter of section 28, township 39 south, range 7 west, Willamette meridian, mortgaged the same to William Dailey to secure the payment of the sum of $383.85, with interest at 10 per cent, per annum. On September 4, 1895, Dailey brought suit to foreclose the mortgage. The complaint correctly described the land mortgaged, but in the decree which was subsequently rendered the land was erroneously described as the west half of the southeast quarter and the southeast quarter of the northeast quarter of said section 28, including 40 acres not owned by the mortgagors and omitting the southwest quarter of the northeast quarter which was described in the mortgage; the error being probably caused by the clerk writing the word “southeast” instead of the word “southwest.” Execution and order of sale was issued containing the same erroneous description, and the land was sold and bid in by Dailey for the full amount of his decree and costs. The sheriff issued a deed to Dailey containing the said erroneous description and reciting a confirmation of the sale, but no order of confirmation appears on the record. Dailey died, and the property passed by inheritance to his son Edward Dailey, and subsequently passed by a series of ■ conveyances to plaintiff, all of which contained the same erroneous description found in the original decree: On September 28, 1896, the Grliddens conveyed the south
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