COSMOPOLITAN NAT. BANK OF CHICAGO v. CHI. T. & T. CO.

No. 33652.

7 Ill.2d 471 (1955)

131 N.E.2d 4

COSMOPOLITAN NATIONAL BANK OF CHICAGO et al., Appellants, v. CHICAGO TITLE AND TRUST COMPANY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 16, 1956.


Attorney(s) appearing for the Case

JOSEPH C. COWEN, and B.M. STEINER, (WERNER W. SCHROEDER, of counsel,) all of Chicago, for appellants.

JAMES P. CAREY, JR., of Chicago, for appellees.


Reversed and remanded.

Mr. CHIEF JUSTICE HERSHEY delivered the opinion of the court:

By this suit in equity the plaintiffs sought a declaration of a reciprocal easement by implication (or in the alternative, an easement by prescription) in an area located between a store building owned by them and an apartment building owned by the defendants. The cause was referred to a master who heard evidence and filed a report recommending that an easement be recognized...

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