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DARTER v. DARTER

No. 80-74.

91 Ill. App.3d 322 (1980)

414 N.E.2d 862

WILLIAM DARTER, Plaintiff-Appellee, v. PHILLIP DARTER, a/k/a/ Phillipa Darter, et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed December 8, 1980.

Attorney(s) appearing for the Case

Kenneth Powless and James K. Powless, both of Marion, for appellants.

G. Patrick Murphy, of James W. Sanders & Associates, of Marion, for appellee.

Judgment reversed.

Mr. JUSTICE KARNS delivered the opinion of the court:

Defendants, Phillipa Darter and Betty Jean Hall, appeal from the judgment of the Circuit Court of Williamson County determining the plaintiff, William Darter, to be the owner of a strip of land owned of record by the defendants. Defendants contend that the court erred in deciding the case on the theory that a disputed or unascertained boundary had been established by agreement, where...

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