Cihak v. Klekr
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. Plaintiff in error, Frank Cihak, filed his amended bill June 5, 1884, to enjoin the defendants in error from closing up or obstructing an alley running the entire length of his lot and in the rear of the lots of the defendants.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. Plaintiff in error, Frank Cihak, filed his amended bill June 5, 1884, to enjoin the defendants in error from closing up or obstructing an alley running the entire length of his lot and in the rear of the lots of the defendants. In 1859, one Wilder, of Chicago, was the owner of lots 19, 20 and 21, each having a frontage of fifty feet on DeKoven street, in block 35, in school section addition to Chicago. At that time the…
1Opinion of the CourtJustice Sheldon
We are of opinion that upon the facts of this case, Cihak, the plaintiff in error, has an easement in the alley in question, which can not be destroyed without his concurrence. We would have no doubt in the matter had Mrs. Hubbard, the grantor of Cihak, been the actor in the sale to him, and in the previous management of the entire property, instead of Gunzenhauser. The proof establishes, to our satisfaction, that in 1859 Gunzenhauser, as agent, took charge of the three lots, 19, 20 and 21, fronting on DeKoven street, to care for, lease them, and collect the rents; that for the more…
2Cases cited1 opinion
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
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