Fink v. Simpson

This appeal by defendant is from a declaratory judgment, pursuant to the provisions of ch. 110, par. 181.1, § 57½, Ill. Rev. Stats. 1953 [Jones Ill. Stats. Ann. 104057(1)]. The decree in substance removes from the property of plaintiff a 25-foot building line restriction appearing on a recorded plat.

The complaint and answer were referred to a master for hearing. The master heard the evidence, made his findings of fact and conclusions of law, and recommended the entry of a decree to remove the restriction. Objections were filed by defendant to the master’s report, which, were allowed to stand…