Turpin v. Dennis
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill by appellee, against appellants, to restrain them from obstructing his free use of a roadway.
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Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill by appellee, against appellants, to restrain them from obstructing his free use of a roadway. The bill alleges that in a certain partition proceeding in the circuit court of Sangamon county, the commissioners, by their report making partition of the premises therein described, divided the lands into twenty-eight lots, and divided them among the parties interested, assigning to each one or more of such lots, and at the same time laid out a road forty-five feet wdde over the lands,…
1Opinion of the CourtJustice Wilkin
Appellee raises the question of jurisdiction in this court, insisting that under the statute allowing appeals from and writs of error to circuit courts, this appeal should have been taken to the Appellate Court for the Third District. In the opinion of a majority of the members of the court, a freehold in the nature of a perpetual easement appurtenant to the lots owned by the complainant and defendants is involved, within the meaning of the statute. The motion to dismiss the appeal will therefore be overruled. .
On the merits of the case, appellants insist, first, that appellee’s remedy, if…
2Cited by11 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Allendorf v. DailyIllinois Supreme Court · 1955
- Gulick v. HamiltonIllinois Supreme Court · 1919
- Schultz v. O'HearnIllinois Supreme Court · 1925
- Smith v. YoungIllinois Supreme Court · 1896
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