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GILBERT v. CHICAGO TITLE & TRUST CO.

No. 33647.

7 Ill.2d 496 (1955)

131 N.E.2d 1

JOSEPH B. GILBERT 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 B. GILBERT, of Chicago, for appellants.

VICTOR H. GOULDING, of Chicago, (WILLIAM C. WINES, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Plaintiffs brought suit in the superior court of Cook County to enjoin defendants from interfering with an alleged easement created by implication. Evidence was taken and a decree was entered dismissing the complaint for want of equity. Plaintiffs appeal directly to this court on the ground that a freehold is involved.

The record discloses that prior to April 28, 1953...

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