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FIRST NAT'L BK. & T. v. UNIVERSAL MORTGAGE

No. 75-154.

38 Ill. App.3d 345 (1976)

347 N.E.2d 198

FIRST NATIONAL BANK AND TRUST COMPANY OF ROCKFORD, Trustee, et al., Plaintiffs-Appellants, v. UNIVERSAL MORTGAGE & REALTY TRUST, Defendant-Appellee.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed May 12, 1976.

Attorney(s) appearing for the Case

John C. Tower, of Roskowski, Paddock, McGreevy & Johnson, of Rockford, for appellants.

Peter S. Switzer and Stephen G. Balsley, both of Barrick, Jackson, Switzer & Long, of Rockford, for appellee.

Judgment affirmed.

Mr. JUSTICE DIXON delivered the opinion of the court:

This was an action to compel lateral support to plaintiffs' real estate. The defendant moved for summary judgment which was allowed by the Circuit Court of Winnebago County. Plaintiffs appeal.

Plaintiffs are owners of parcels of real estate which have a common boundary with the real estate owned by the defendant. In 1960 or 1961 the prior owner of defendant's property graded his...

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