BROWN OIL CO. v. WITMORE CHEVROLET SALES, INC.

No. 71-146.

5 Ill. App.3d 481 (1972)

283 N.E.2d 338

BROWN OIL COMPANY et al., Plaintiff-Appellee, v. WHITMORE CHEVROLET SALES, INC., Defendant-Appellant.

Appellate Court of Illinois — Third District.

May 23, 1972.


Attorney(s) appearing for the Case

Craig Armstrong, of Ottawa, for appellant.

John A. Berry, of Streator, and Ernest H. Pool, of Ottawa, both for appellee.


Decree affirmed.

Mr. PRESIDING JUSTICE TRAPP delivered the opinion of the court:

Defendant, Whitmore, purchased a parcel of land in 1967 and the deed conveyed certain easements over adjacent servient land. The latter servient parcel was the subject of a trust deed executed and recorded prior to the date of the defendant's deed. Brown, as plaintiff, procured foreclosure of the trust deed and the said decree found and adjudged that defendant's claim to the easements...

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