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HAWKINS v. CITY OF ELGIN

Gen. No. 46,337.

4 Ill. App.2d 102 (1954)

123 N.E.2d 589

Ruth C. Hawkins et al., Appellants, v. The City of Elgin et al., Appellees.

Appellate Court of Illinois — First District, Third Division.

Released for publication January 27, 1955.

Attorney(s) appearing for the Case

Johan Waage, of Chicago, and Paul M. Hamilton, of Elgin, for appellant.

Perry D. Wells, of Elgin, for certain appellee; Ben Rifken, and Joseph M. McCarthy, both of Elgin, for certain other appellees.

MR. JUSTICE FEINBERG delivered the opinion of the court.

Plaintiffs filed their complaint against defendants, consisting of three counts: Count I, in ejectment and for damages for an alleged illegal encroachment upon plaintiffs' land; Count II, in equity, for a mandatory injunction to remove all encroachments upon plaintiffs' land; and Count III, making additional parties defendants, who since the filing of this action went into possession of some of the encroachments...

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