Thornton v. Roll
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Shelby county. This is a bill in equity, by William W. Thornton, against William Roll, James Stewardson, and others.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Shelby county. This is a bill in equity, by William W. Thornton, against William Roll, James Stewardson, and others. The complainant alleges that he is the owner in fee simple of that portion of the east half of the south-west quarter of the south-west quarter of section 8, and of the east half of the south-west-quarter, and the south-east quarter of said section 8, in township 11 north, range é east, of the third principal meridian, in said county, lying north of the main public…
1Opinion of the Court
Per Curiam :
That part of the bill which alleges that it is threatened to take earth from Thornton bluff, without the •consent of the appellant, charges but a threat to commit a trespass upon real estate; and there being no allegation that the parties threatening are insolvent, it can afford no ground for an injunction. (Owens et al. v. Crossett, 105 Ill. 354.) That allegation is, moreover, put effectually out of the case by the answers of the defendants, and the proofs, which show that before the bill was filed, the intention to take earth from Thornton bluff was abandoned. The contract with…
2Cases cited1 opinion
- Owens v. CrossettIllinois Supreme Court · 1883
3Cited by11 opinions
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- Nichols v. City of Rock IslandIllinois Supreme Court · 1954
- Daum v. CooperIllinois Supreme Court · 1904
- Comrs. of Highways v. GreenIllinois Supreme Court · 1895
- Koelling v. FosterAppellate Court of Illinois · 1909
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