McEwan v. Baker
Appellate Court of Illinois
Trespass, to real estate. Appeal from the Circuit Court of Kane County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the April term, 1901. Statement. — This was an action of trespass begun before a justice of the peace, removed by appeal to the.Circuit Court, where a trial was had before the court, a jury being waived, with the result of a finding and judgment for the defendant.
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Trespass, to real estate. Appeal from the Circuit Court of Kane County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the April term, 1901. Statement. — This was an action of trespass begun before a justice of the peace, removed by appeal to the.Circuit Court, where a trial was had before the court, a jury being waived, with the result of a finding and judgment for the defendant. On April 20, 1892, appellee owned two eighty-acre tracts of land, one fronting on a highway punning north and south. This eighty extended back from the highway 160 rods, where was located the…
1Opinion of the CourtJustice Waterman
Appellant relies upon the covenant in the warranty deed made by appellee to Robert McEwan and the similar covenant in the deed from Robert McEwan to him, Frank McEwan, especially the covenant that the land, namely, the said front eighty-acre tract, is free and clear from incumbrance.
If a man sells land to another, which is wholly surrounded by his own land, the purchaser is entitled to a right of way over the other’s ground to arrive at his own. Such a way is a necessary incident to the grant. Kent’s Com., 6th Ed., Vol. 3, pp. 420-3; Brigham v. Smith, 4 Gray (Mass.), 297; Washburn on…
2Cases cited14 opinions
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- Lee v. Town of Mound StationIllinois Supreme Court · 1886
- Morrison v. KingIllinois Supreme Court · 1871
- Ingals v. PlamondonIllinois Supreme Court · 1874
- Harris v. McIntyreIllinois Supreme Court · 1886
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3Cited by2 opinions
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