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SIMS v. BROUGHTON

No. 5-91-0052.

589 N.E.2d 1056 (1992)

225 Ill. App.3d 1076

168 Ill.Dec. 656

Robert D. SIMS and Ronald C. Sims, Coexecutors of the Estate of Lucille Sims, Plaintiffs-Appellants and Cross-Appellees, v. Dale BROUGHTON, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, Fifth District.

March 23, 1992.

Attorney(s) appearing for the Case

David Y. Eberspacher of Heller, Holmes, Hefner & Eberspacher Ltd., Mattoon, for plaintiffs-appellants and cross-appellees.

Michael P. Kiley, Dove and Dove, Shelbyville, for defendant-appellee and cross-appellant.

Justice LEWIS delivered the opinion of the court:

Plaintiffs, Robert D. Sims and Ronald C. Sims, coexecutors of the estate of Lucille Sims (Robert Sims and Ronald Sims were substituted as plaintiffs following the death of Lucille Sims, the sole owner of the real estate herein involved at the time of the filing of this lawsuit), appeal the circuit court's order granting the defendant's, Dale Broughton's, motion to dismiss their complaint pursuant to section 2-619(a...

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