Leitch v. Hine

This is a direct appeal from a decree, entered in the circuit court of Cook county. Plaintiffs’ second amended complaint was dismissed for failure to state a cause of action, and, plaintiffs electing to stand by their pleadings, the cause was dismissed at their costs. This appeal followed. Plaintiffs’ complaint contained five counts. In the fifth they claimed an easement of indefinite duration across the property owned by a part of the defendant's. Such claim involves a freehold which supports a direct appeal. Liberty National Bank v. Lux, 378 Ill. 329.

Plaintiffs owned a tract of land…