Schilson v. Weinberg

This appeal is from an order of the circuit court of Hancock County dismissing the amended complaint of plaintiffs Hattie Schilson and others. Plaintiffs are the owners of 77 acres known as the Schilson property, and defendants are the owners of 160 acres known as the Allen property. Defendant Weinberg is the executor of the estate of Gertrude Allen, and the other defendants are the heirs of Gertrude Allen. There exists under the Allen property a title drain which extends under and through the Schilson property. In the original complaint the plaintiffs alleged this tile drain served to drain…