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WILLIS v. RICH

No. 37958.

30 Ill.2d 323 (1964)

196 N.E.2d 676

ROBERT WILLIS, Appellant, v. TOM RICH et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 16, 1964.

Attorney(s) appearing for the Case

GERRITY & JENKINS, of Sycamore, and SEARS, STREIT & DREYER, of Aurora, (EDWARD M. GERRITY and ROBERT C. JENKINS, of counsel,) for appellant.

WAYNE WILSON, of Sycamore, and WILLIAM G. BLOOD, of Keokuk, Iowa, for appellees.

Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiff brought suit in equity in the circuit court of DeKalb County to obtain a mandatory injunction compelling defendants to restore a mutual drain line across defendants' land by removing obstructions placed by them and by restoring and resurfacing the open water course forming the drain line to the width, depth and conditions existing at the time of the last mutual improvement...

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