Adams v. Gordon
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. Charles Whitney, Judge, presiding. Appellant filed her bill in chancery in the circuit court of Lake county, Illinois, against appellee, for an injunction to restrain him from interfering with her in the exercise of her rights which she claimed in the nature of an easement in certain water facilities and a way thereto, situated on the lands of appellee.
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Appeal from the Circuit Court of Lake county; the Hon. Charles Whitney, Judge, presiding. Appellant filed her bill in chancery in the circuit court of Lake county, Illinois, against appellee, for an injunction to restrain him from interfering with her in the exercise of her rights which she claimed in the nature of an easement in certain water facilities and a way thereto, situated on the lands of appellee. A demurrer was sustained to the bill, and appellant electing to abide by her bill, a decree was entered dismissing the bill for want of equity. She prayed and perfected an appeal to the…
1Opinion of the CourtJustice Craig
Appellant by her bill asserts and seeks to establish and maintain a right in the nature of a perpetual easement in the adjoining lands of the appellee in the use and maintenance of certain water facilities located thereon, by means of which her house, barn, garden and premises are supplied with water. This right, if it exists, is an easement appurtenant to an estate in fee, and'a bill filed for the purpose of establishing such an easement involves a freehold, and the case was therefore properly transferred to this court. Tinker v. Forbes, 136 Ill. 221; Foote v. Marggraf, 233 id. 48; Foote v.…
2Cases cited8 opinions
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- Newell v. SassIllinois Supreme Court · 1892
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3Cited by14 opinions
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- Buchanan v. SwiftCourt of Appeals for the Seventh Circuit · 1942
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