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ZEMPLE v. BUTLER

No. 35163.

17 Ill.2d 434 (1959)

161 N.E.2d 818

KARL ZEMPLE et al., Appellees, v. ROBERT LEE BUTLER et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 16, 1959.

Attorney(s) appearing for the Case

CHIPERFIELD & CHIPERFIELD, JAMES F. SCOTT, and RALPH FROEHLING, all of Canton, for appellants.

SCOTT AND SEBO, of Canton, for appellees.

Decree reversed.

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

This appeal is from a summary judgment of the circuit court of Fulton County decreeing title to a strip of land situated in the city of Lewistown to be in plaintiffs free of any easement claimed by the defendants or the city and enjoining the defendants Butler from disturbing the plaintiffs' possession. A freehold is involved.

The strip of land which is the subject of this...

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