EBERLE v. GREENE

No. 35282.

18 Ill.2d 322 (1960)

163 N.E.2d 822

WILLIAM R. EBERLE et al., Appellees, v. WILLIAM J. GREENE et al., Appellants.

Supreme Court of Illinois.

Opinion filed January 22, 1960.


Attorney(s) appearing for the Case

HARRY B. HOFFMAN, and HOLLIS W. BENJAMIN, both of Peoria, for appellants.

BRIAN & WILSON, of Toulon, and HARRY C. HEYL, of Peoria, for appellees.


Affirmed in part and reversed in part, and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

Defendants appeal from a decree of the circuit court of Stark County ordering them to remove dirt, rock and other materials plowed, graded or deposited by them in, under and along a division fence and to restore the elevation of the ground thereunder as it existed in 1947 and perpetually enjoining them from thereafter raising or altering the same, and...

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