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ESTATE OF WELLIVER v. ALBERTS

No. 2-95-0742.

663 N.E.2d 1094 (1996)

278 Ill. App.3d 1028

215 Ill.Dec. 580

ESTATE OF Edward WELLIVER, Deceased, by Barry Welliver, as Ex'r of the Estate of Edward Welliver, et al., Plaintiffs and Counter-defendants-Appellees, v. Charel S. ALBERTS, Defendant and Counter-plaintiff-Appellant (Unknown Owners and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied May 8, 1996.

Attorney(s) appearing for the Case

G. Michael Scheurich (on the brief), Guyer & Enichen, PC, Rockford, Clifford E. Lund (on the brief), Elgin, for Charel S. Alberts.

William E. Schirger and David F. Monteleone (on the brief), Schirger & Monteleone, Rockford, for Deborah Siebold, Barry Welliver, Executor, Estate of Edward Welliver.

Presiding Justice McLAREN delivered the opinion of the court:

The plaintiffs, Barry Welliver, as executor of the estate of Edward Welliver, and Deborah Siebold, as the successor-in-interest, heir, and beneficiary of Edward Welliver, brought this action to quiet and confirm title to a parcel of land. The plaintiffs claimed title to the property through adverse possession. See 735 ILCS 5/13-101 (West 1994). The defendant, Charel Alberts, who held record title to the...

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