Funston v. Hoffman
Illinois Supreme Court
Appear from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This was an action on the case brought by appellee in the circuit court of Moultrie county, against appellant, for damages to appellee’s crops in 1905 and 1906, caused by the appellant having removed certain tiling through which passed the water drained from the land appellee was cultivating as a tenant of Jacob Dumond.
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Appear from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This was an action on the case brought by appellee in the circuit court of Moultrie county, against appellant, for damages to appellee’s crops in 1905 and 1906, caused by the appellant having removed certain tiling through which passed the water drained from the land appellee was cultivating as a tenant of Jacob Dumond. The jury found for appellee and assessed his damages at $400. Appeal is now prosecuted to this court. It appears from the evidence that appellant, since some time before 1890, had owned…
1Opinion of the CourtJustice Carter
A motion by appellee to dismiss the appeal in this case on the ground that no freehold was involved was taken with the case. The issues involved necessarily require this court to determine the existence or non-existence of a perpetual easement in the land of appellant. Such an easement is a freehold interest. (Wessels v. Colebank, 174 Ill. 618; Oswald v. Wolf, 126 id. 542; Chronic v. Pugh, 136 id. 539.) Appellee based his right of recovery upon the existence of a perpetual easement over the lands of appellant. The existence of this easement was denied by appellant and his assignments of error…
2Cases cited11 opinions
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Illinois Iron & Metal Co. v. WeberIllinois Supreme Court · 1902
- Schmidt v. BrownIllinois Supreme Court · 1907
- Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1892
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wing v. MartinIdaho Supreme Court · 1984
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Tankersley v. Peabody Coal Co.Illinois Supreme Court · 1964
- Binder v. PerkinsSupreme Court of Kansas · 1973
- Gough v. GobleIllinois Supreme Court · 1954
7 more not listed; retrieve them via the Exa API.