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ANDERSON v. SUPER

No. 37332.

28 Ill.2d 319 (1963)

192 N.E.2d 339

PERCY R. ANDERSON et al., Appellants, v. WALTER SUPER et al., Appellees.

Supreme Court of Illinois.

Rehearing denied September 26, 1963.

Attorney(s) appearing for the Case

JOSEPH C. OWENS, of Chicago, for appellants.

CARL W. KUHN, of Glen Ellyn, for appellee FANNIE YACKLEY HALE.

Decree affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

Plaintiffs, alleging themselves to be the owners of a dominant heritage enjoying a perpetual easement for drainage in a natural watercourse over a servient estate, brought this action in the circuit court of Du Page County against defendants, who include the owners of the allegedly servient estate and persons who had dumped fill thereon. The complaint, which alleged that obstructions on...

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