Allott v. American Strawboard Co.
Illinois Supreme Court
Writ oE Error to the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding. The original bill in this case was filed September 9, 1904, against the American Strawboard Company and two of the other plaintiffs in error, asking that they be restrained from taking or continuing in possession of an abutment of a dam on block 16, Alden’s Island addition to Wilmington, or the abutment to said dam on the opposite shore of the Kankakee river, or of the lands…
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Writ oE Error to the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding. The original bill in this case was filed September 9, 1904, against the American Strawboard Company and two of the other plaintiffs in error, asking that they be restrained from taking or continuing in possession of an abutment of a dam on block 16, Alden’s Island addition to Wilmington, or the abutment to said dam on the opposite shore of the Kankakee river, or of the lands between said abutments, and from proceeding to erect a dam across the Kankakee river at said place or so near as to interfere…
1Opinion of the CourtJustice Carter
Manifestly, from this record the only thing attempted to be settled by the decree was the question whether the rights of the various plaintiffs in error arose solely from the deeds in question, or if they possessed an easement, acquired by prescription, in the use of watery over and above that called for by the deeds, to the amount such excess had habitually flowed through the east channel since the erection of the five-foot dam in 1871.. The only question we deem it necessary to discuss is the jurisdiction of a court of equity to grant the relief specified in said decree. The jurisdictional…
2Cases cited18 opinions
- Reed v. TylerIllinois Supreme Court · 1870
- Shults v. ShultsIllinois Supreme Court · 1895
- Springer v. WaltersIllinois Supreme Court · 1891
- Patterson v. Northern Trust Co.Illinois Supreme Court · 1907
- Rigdon v. ShirkIllinois Supreme Court · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hartlein v. Illinois Power Co.Illinois Supreme Court · 1992
- Nielson v. BentonAlaska Supreme Court · 1995
- Barco Manufacturing Co. v. WrightIllinois Supreme Court · 1956
- Glos v. PeopleIllinois Supreme Court · 1913
- Forest Preserve Real Estate Improvement Corp. v. MillerIllinois Supreme Court · 1942
14 more not listed; retrieve them via the Exa API.