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SMITH v. MERVIS

No. 12880.

38 Ill. App.3d 731 (1976)

348 N.E.2d 463

KEITH SMITH, Petitioner-Appellee, v. LOUIS MERVIS et al., Respondents-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed June 3, 1976.

Attorney(s) appearing for the Case

Sebat, Swanson, Banks, Lessen & Garman, of Danville (William L. Townsley, of counsel), for appellants.

Gilbert H. Saikley, of Danville, for appellee.

Judgment affirmed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

This is an appeal from an order enjoining respondents Mervis and Young from maintaining a recently constructed barrier to certain property over which petitioner Smith claims a prescriptive easement. The disputed parcel runs parallel to what were formerly the Louisville and Nashville Railroad Company tracks and is part of the old right of way. It is a lane 30 feet wide and connects two...

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