Oswald v. Wolf
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Gtwynn Garnett, Judge, presiding. This was a bill in chancery, brought by Peter Wolf against Joseph Oswald, to remove certain obstructions from a private way which the complainant claims to have over the lands of the defendant. Issues were duly formed by answer and replication, and the cause being heard on pleadings and proofs, a decree was entered in favor of the complainant.
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Writ of Error to the Superior Court of Cook county; the Hon. Gtwynn Garnett, Judge, presiding. This was a bill in chancery, brought by Peter Wolf against Joseph Oswald, to remove certain obstructions from a private way which the complainant claims to have over the lands of the defendant. Issues were duly formed by answer and replication, and the cause being heard on pleadings and proofs, a decree was entered in favor of the complainant. The bill alleges that, on the 22d day of December, 1855, Peter Duffy, being the owner of a tract of land in Cook county lying on the west side of Halsted…
1Opinion of the CourtJustice Bailey
The deed under which the complainant claims title, conveyed to him, not only the west one-third of the tract of land in question, but also the' right to a private way over the remaining two-thirds of said tract from the land so conveyed to Halsted street. He now claims that said private way has been and is being obstructed by the defendant, and he therefore invokes the aid of a court of equity to remove the obstruction, and to confirm him in the use of his easement over the defendant’s land.
By his answer, the defendant denies the complainant’s title to said easement, and in support of such…
2Cases cited7 opinions
- Moss v. ShearCalifornia Supreme Court · 1864
- Choteau v. JonesIllinois Supreme Court · 1849
- Smith v. LewisWisconsin Supreme Court · 1866
- Lybrand v. HaneyWisconsin Supreme Court · 1872
- Van Bergen v. Van BergenNew York Court of Chancery · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
- City of Pana v. Central Washed Coal Co.Illinois Supreme Court · 1913
- Newell v. SassIllinois Supreme Court · 1892
- Village of Dwight v. HayesIllinois Supreme Court · 1894
- Powell v. LantzySupreme Court of Pennsylvania · 1896
27 more not listed; retrieve them via the Exa API.