BELOIT FOUNDRY CO. v. RYAN

No. 37480.

28 Ill.2d 379 (1963)

192 N.E.2d 384

BELOIT FOUNDRY COMPANY, Appellee, v. HELEN GOODALL RYAN et al., Appellants. — (JOSEPH JOHNSON, Intervening Petitioner-Appellee.)

Supreme Court of Illinois.

Modified on denial of rehearing September 26, 1963.


Attorney(s) appearing for the Case

MILLER, THOMAS, HICKEY & COLLINS, of Rockford, (L.C. MILLER and FRANCIS E. HICKEY, of counsel,) for appellants.

GUYER & ENICHEN and WILLIAMS, McCARTHY & KINLEY, of Rockford, (STANLEY H. GUYER and KARL C. WILLIAMS, of counsel,) for appellees.


Affirmed in part and reversed in part and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

Plaintiff, Beloit Foundry Company, filed suit in the circuit court of Winnebago County to enjoin Helen Ryan and Alan Ryan, her husband, from obstructing an alleged right-of-way easement running easterly and westerly across lot 40, county clerk's plat of a part of South Beloit, Illinois. The defendants denied the existence of any such easement

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