Miller v. Weingart

The defendant in error, John A. Miller, filed his bill in the circuit court of McHenry county to enjoin the plaintiffs in error, Jacob and Josephine V/eingart, from using a driveway for purposes other than egress and ingress from and to lot 24 in John A. Miller’s subdivision, to which the driveway was appurtenant. The plaintiffs in error answered the bill, and alleged that by virtue of a deed to them from defendant in error’s grantee to lot 24 they are entitled to use the driveway for any use to and from their farm or other property although not a part of the subdivision. A temporary…