Tinker v. Forbes
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. James H. Cartwright, Judge, presiding. This was a suit in chancery, brought by Mary Tinker against Alexander D. Forbes, to restrain him from erecting a building on the east half of lot 9, in the south block of the Rockford Water Power Company’s lots, west of Rock River, in the city of Rockford.
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Appeal from the Circuit Court of Winnebago county; the Hon. James H. Cartwright, Judge, presiding. This was a suit in chancery, brought by Mary Tinker against Alexander D. Forbes, to restrain him from erecting a building on the east half of lot 9, in the south block of the Rockford Water Power Company’s lots, west of Rock River, in the city of Rockford. The pleadings on the part of the complainant as finally passed upon by the court consisted of the original bill and two elaborate amendments thereto, and the facts thus alleged, when properly arranged, are, in substance, as follows: That the…
1Opinion of the CourtJustice Bailey
The defendant has appeared in this court and moved to dismiss the appeal for want of jurisdiction. The order of the Circuit Court allowing an appeal directly to this court must undoubtedly have been allowed upon the assumption that the case involves a freehold, and our jurisdiction must depend upon whether that assumption is well founded. The bill asserts and seeks to maintain a right in the nature of a perpetual easement, in respect to which the west half of lot 9, in the south block, etc., is the dominant and the east half of said lot is the servient estate. The alleged easement consists of…
2Cases cited5 opinions
- Guest v. ReynoldsIllinois Supreme Court · 1873
- Ayling v. KramerMassachusetts Supreme Judicial Court · 1882
- Oswald v. WolfIllinois Supreme Court · 1888
- Fuller v. ArmsSupreme Court of Vermont · 1873
- Oswald v. WolfAppellate Court of Illinois · 1888
3Cited by21 opinions
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
- D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Hays v. St. Paul Methodist Episcopal ChurchIllinois Supreme Court · 1902
- Tallman v. Eastern Illinois & Peoria RailroadIllinois Supreme Court · 1942
- Tallman v. E.I. P.R.R. Co.Illinois Supreme Court · 1942
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