Smith v. Roath
Illinois Supreme Court
Writ or Error to the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. May 20, 1907, a bill was filed in the circuit court of LaSalle county by defendant in error and her husband for the partition of lot 5 in block 6, in Clark & Underhill’s addition to Marseilles, Illinois.
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Writ or Error to the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. May 20, 1907, a bill was filed in the circuit court of LaSalle county by defendant in error and her husband for the partition of lot 5 in block 6, in Clark & Underhill’s addition to Marseilles, Illinois. Byron A. Roath answered, admitting the substantial facts set forth in the bill, except that he claimed that five feet on the west side of said lot 5 was sét apart as a portion of an alley between lots 5 and 6 in said block, and had been used as an alley for more than forty years with the knowledge…
1Opinion of the CourtJustice Carter
The main contention in this cause is as to whether a passage or alleyway existed across the west five feet of said lot 5 by prescription. Plaintiff in error, Roath, contends, and so testified, that the four lots in question were purchased with money sent home by him from the army in 1865; that in the winter of 1865 and 1866, on his return home, he built on lot 23 and his father built on lot 5; that at that time he, plaintiff in error, owned all four lots, and that they agreed between them that there should be a private alley, composed of five feet from the west side of lots 5 and 24 and five…
2Cases cited9 opinions
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- McMullen v. ReynoldsIllinois Supreme Court · 1904
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- Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
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3Cited by12 opinions
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