Whittaker v. Harding

The contention in this case concerns the existence of an easement of passage over the north eight feet of lot 12, in block 9, of Smith Frye’s addition to Peoria. The appellant, who is the owner of lot 11, claims the easement as appurtenant to his lot, and filed a bill to compel the defendant, who is the owner of lot 12, to remove certain obstructions which she had placed on the disputed ground and to enjoin her from interfering with or obstructing his right of way. The court, on a hearing, dismissed the bill, and the complainant appeals.

Lots 11 and 12 front south on Pennsylvania avenue. Each…