Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 14 (November Term, 1852, to June Term, 1853)
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Deeds of this character are common in Illinois, and the titles of hundreds, contrary, as we are sat- isfied, to the understanding of parties at the time they were *executed, and to the opinions of the legal pro- [*311] fession, will be unsettled, if the decision in the 2 Gilm. is to stand as the law. Although it is a delicate matter for a court to overrule one of its former decisions, settling the liability of a party or a right of property, yet the law books furnish many instances in which it ...329 311 OTTAWA. Frink et al. v. Darst. has been done, when the first decision was manifestly erroneous, and calculated to work injustice. The general rule is thus stated in the case of Bowers r. Green, 1 Scam. 43 : "The maxim, stare decisis, is one of great impor- tance in the administration of justice, and ought not to be de- parted from for slight or trivial causes ; j^et this rule has never been carried so far as to preclude courts from investigating former decisions, when the question has not undergone repeated examination, and become well settled." In the case of Shields r.
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