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URBAITIS v. COMMONWEALTH EDISON

Nos. 69216, 69237.

575 N.E.2d 548 (1991)

143 Ill.2d 458

159 Ill.Dec. 50

Richard URBAITIS, et al., Appellants and Appellees, v. COMMONWEALTH EDISON, et al., Appellees and Appellants.

Supreme Court of Illinois.

June 20, 1991.

Attorney(s) appearing for the Case

Richard L. Cooper, Stephen M. Cooper, Peter M. Storm and Marc E. Webbles, Geneva, for appellants and appellees.

Joseph H. Barnett, Bernard K. Weiler, Irving Ochsenschlager and Constance B. Renzi, Aurora, for appellee and appellant Commonwealth Edison.

Patrick M. Kinnally, Aurora, and Stephen Sullivan, Batavia, for appellee and appellant Kane County Forest Preserve District.

Justice BILANDIC delivered the opinion of the court:

Plaintiffs commenced this action against the defendants in the circuit court of Kane County to quiet title to a parcel of real estate located in Geneva, Illinois. Both parties claim title through a 1909 deed from Benjamin W. Dodson to the Chicago, Wheaton & Western Railway.

A fee simple title is the highest form of estate in land that can be conveyed by a grantor. (E. Grigsby, Illinois Real Property...

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