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DIERCKS v. VILLAGE OF ALGONQUIN

No. 36199.

21 Ill.2d 616 (1961)

174 N.E.2d 391

ARTHUR E. DIERCKS et al., Appellants, v. THE VILLAGE OF ALGONQUIN, Appellee.

Supreme Court of Illinois.

Opinion filed April 26, 1961.

Attorney(s) appearing for the Case

CARROLL & LEALI, of Woodstock, for appellants.

COWLIN AND COWLIN, of Crystal Lake, (HENRY L. COWLIN, of Crystal Lake, and ELMER C. TOBIN, of Elgin, of counsel,) for appellee.

Judgment affirmed.

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

The plaintiffs, Arthur E. Diercks and his wife, Lena, brought this action in ejectment, claiming fee-simple title to property that they had previously conveyed to the defendant, the village of Algonquin, for use as a public park. The complaint alleged that the defendant had breached the condition contained in the deed in that it did not maintain the property as a public park...

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