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FINK v. SIMPSON

Gen. No. 46,326.

3 Ill. App.2d 469 (1954)

122 N.E.2d 827

Edna Fink, Appellee, v. Benjamin I. Simpson et al., Defendants. Appeal of Jessie Eisenberg, Appellant.

Appellate Court of Illinois.

Released for publication December 16, 1954.

Attorney(s) appearing for the Case

JOSEPH V. MURPHY, of Chicago, for appellant; STEPHEN J. SULLIVAN, of Chicago, of counsel.

BERNARD ALLEN FRIED, of Chicago, for appellee.

MR. JUSTICE FEINBERG delivered the opinion of the court.

This appeal by defendant is from a declaratory judgment, pursuant to the provisions of ch. 110, par. 181.1, § 57 1/2, Ill. Rev. Stats. 1953 [Jones Ill. Stats. Ann. 104.057(1)]. The decree in substance removes from the property of plaintiff a 25-foot building line restriction appearing on a recorded plat.

The complaint and answer were referred to a master for hearing. The master heard the evidence...

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