Legal Opinion

Makemson v. Wheaton Trust & Savings Bank

Illinois Supreme Court

Decided September 19, 1945No. 28251. Decree modified and affirmedPublished

1Opinion of the CourtJustice Smith

By this appeal, plaintiff, Charles L. Makemson, as trustee, seeks to obtain reversal of a decree of the circuit court' of Du Page county, entered pursuant to a master’s recommendation, dismissing his complaint, as amended, for the want of equity. Plaintiff sought to establish an easement, by implication of law, in portions of a private alley and driveway, located directly south of plaintiff’s property, upon real estate owned by defendant The Wheaton Trust and Savings Bank;, as trustee under Trust No. 213. Defendant Herbert J. Hawkins is sole beneficiary under the last-named trust. The decree…

2Cases cited6 opinions

  1. McMahill v. TorrenceIllinois Supreme Court · 1896
  2. Wyman v. HagemanIllinois Supreme Court · 1925
  3. Liberty National Bank v. LuxIllinois Supreme Court · 1941
  4. Robins v. SwainIllinois Supreme Court · 1873
  5. Foote v. YarlottIllinois Supreme Court · 1908

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