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CITY OF WOOD RIVER v. HART

No. 36397.

23 Ill.2d 119 (1961)

177 N.E.2d 173

THE CITY OF WOOD RIVER, Appellee, v. ALICE G. HART et al., Appellants.

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

GREEN and HOAGLAND, of Alton, (JAMES K. ALMETER, and KARL K. HOAGLAND, JR., of counsel,) for appellants.

L.H. HOLLAND, and THOMAS HOLLAND, both of Wood River, and EMERSON BAETZ, of Alton, for appellee.

Judgment and decree affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The city of Wood River, as first alternative devisee of a farm under the will of Robert E. Lee Belk, sought a declaratory judgment as to its rights to the farm. The defendants, heirs and second alternative devisees under the will, then filed an ejectment suit against the city seeking its ouster. The two actions were consolidated for trial and the issues were resolved in favor...

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