First National Bank & Trust Co v. Universal Mortgage & Realty Trust

This was an action to compel lateral support to plaintiffs’ real estate. The defendant moved for summary judgment which was allowed by the Circuit Court of Winnebago County. Plaintiffs appeal.

Plaintiffs are owners of parcels of real estate which have a common boundary with the real estate owned by the defendant. In 1960 or 1961 the prior owner of defendant’s property graded his land so as to alter a slope which then provided lateral support to plaintiffs’ property. The slope has been eroding over the past few years and the lateral support to the plaintiffs’ property is in danger. None of the…