D. M. Goodwillie Co. v. Commonwealth Electric Co.
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This was a petition filed by the appellant September 21, 1903, under the Burnt Records act, (Hurd’s Stat. 1908, chap. 116, p. 1728,) to establish its title in fee simple to lot 82 (except the north twenty-five feet thereof) and lots 83 to 86, inclusive, in Greene’s South Branch addition to Chicago, Cook county, Illinois, and to enjoin certain of appellees from using a switch track on…
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This was a petition filed by the appellant September 21, 1903, under the Burnt Records act, (Hurd’s Stat. 1908, chap. 116, p. 1728,) to establish its title in fee simple to lot 82 (except the north twenty-five feet thereof) and lots 83 to 86, inclusive, in Greene’s South Branch addition to Chicago, Cook county, Illinois, and to enjoin certain of appellees from using a switch track on said lots, the public records relating to which title were destroyed by the great fire in Chicago, October 8 and 9, 1871.…
1Opinion of the CourtJustice Carter
Easements may be created by covenants or agreements as well as by grant. (Jones on Easements, secs. 104, 106.) Agreements imposing burdens upon one estate for the benefit of another must be strictly construed. (Eckhart v. Irons, 128 Ill. 568; Downen v. Rayburn, 214 id. 342.) Such agreements, however, creating easements must be so construed as to carry out the plain intent of the parties. (Field v. Leiter, 118 Ill. 17; Barber v. Allen, 212 id. 125.) In construing such instruments the court will look to the circumstances attending the transaction, the situation of the parties, the state of the…
2Cases cited24 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Dean v. WalkerIllinois Supreme Court · 1882
- Vogler v. GeissCourt of Appeals of Maryland · 1879
- Schmidt v. BrownIllinois Supreme Court · 1907
- Eckhart v. IronsIllinois Supreme Court · 1889
19 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Murphy, Inc. v. Town of WestportSupreme Court of Connecticut · 1944
- Beloit Foundry Co. v. RyanIllinois Supreme Court · 1963
- Chicago Title & Trust Co v. Wabash-Randolph Corp.Illinois Supreme Court · 1943
- Petersen v. CorrubiaIllinois Supreme Court · 1961
- Allendorf v. DailyIllinois Supreme Court · 1955
32 more not listed; retrieve them via the Exa API.