HORWEEN v. DUBNER

Gen. No. 50,041.

68 Ill. App.2d 309 (1965)

216 N.E.2d 288

Ralph Horween and Genevieve B. Horween, Plaintiffs-Appellants, v. Harold H. Dubner, Annette Dubner and Exchange National Bank, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — First District, Second Division.

November 23, 1965.


Attorney(s) appearing for the Case

Spray, Price, Townsend & Cushman, of Chicago (Robert S. Cushman and James G. Hiering), for appellants.

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Vernon M. Welsh, Edward G. Proctor, and Frank L. Winter, of counsel), for appellees and cross-appellants.


MR. JUSTICE LYONS delivered the opinion of the court.

This is an appeal from a decree which, in substance, approved the findings of a Revised Master's Report that the conditions of an easement were violated, that the violation failed to terminate the easement, that a counterclaim of defendants be dismissed with prejudice and that plaintiffs' request for attorneys' fees be denied.

The property that is the subject of this lawsuit is part of a 5.76 acre tract...

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