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NELSON v. GUNDLOCK

No. 4-83-0149.

120 Ill. App.3d 117 (1983)

457 N.E.2d 1052

LYLE NELSON, Trustee under the Last Will and Testament of A.V. Nelson, Deceased, Plaintiff-Appellant, v. ROBERT E. GUNDLOCK et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed December 8, 1983.

Attorney(s) appearing for the Case

Walter L. Stodd, of Pontiac, for appellant.

Law Offices of Sidney E. Smith, of Pontiac (James A. Casson, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE TRAPP delivered the opinion of the court:

Plaintiff Lyle Nelson brings this appeal from orders of the circuit court of Livingston County granting summary judgment for the defendants, Robert and Gladys Gundlock and Agnes Baker. Two controlling issues are presented for our review: (1) whether a question of fact exists as to defendants' acquisition of a prescriptive right to flood plaintiff's land;...

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