Gilbert v. Chicago Title & Trust Co.

Plaintiffs brought suit in the superior court of Cook County to enjoin defendants from interfering with an alleged easement created by implication. Evidence was taken and a decree was entered dismissing the complaint for want of equity. Plaintiffs appeal directly to this court on the ground that a freehold is involved.

The record discloses that prior to April 28, 1953, the Chicago Title and Trust Company, as trustee, owned certain real estate, commonly known as 6450 to 6460 North Winchester Avenue in Chicago, upon which it had constructed six 2-story and basement townhouses for sale to the…