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HENRICKS v. BOWLES

Gen. No. 47,474.

20 Ill. App.2d 148 (1958)

155 N.E.2d 664

Harold W. Henricks et al., Plaintiffs-Appellees, v. S.E. Bowles as Trustee Under Trust Agreement Dated September 7, 1955 and Known as Trust No. 546, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied February 13, 1959.

Released for publication February 13, 1959.

Attorney(s) appearing for the Case

Haskins, Maguire & Haskins, of Chicago (Robert E. Haskins, C.W. Eckert and Rolland Franzen, of counsel) for appellant.

Edward F. O'Toole and Frank J. Smith, of Chicago, for appellees.

JUSTICE BURKE delivered the opinion of the court.

Plaintiffs filed a claim for an injunction to restrain the defendant from constructing a gasoline service station. A Master in Chancery recommended that the complaint be dismissed. The chancellor sustained exceptions to the Master's report and entered a decree permanently enjoining the defendant from constructing a gasoline service station on the premises. The defendant appeals.

The unrecorded subdivision in...

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