(DOWNLOAD) "Stevenson v. Meyer" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Stevenson v. Meyer
- Author : Supreme Court of Illinois
- Release Date : January 24, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
John E. Stevenson and Edward T. Midgley filed suit in the circuit court of Madison County to enjoin Edwin Lester Meyer from
obstructing a certain roadway and to recover damages. The cause was referred to a master, who heard the evidence and recommended
a decree for the plaintiffs. Exceptions to the master's report were overruled, and a decree was entered granting the injunction
and awarding the plaintiffs damages in the sum of $300. Defendant appeals directly to this court, a freehold being involved.
The decree found that the roadway in dispute, running east and west along the south 16 feet of defendants 57-acre tract of
land, had become a public road by adverse use as such for more than the statutory period. The question on this appeal is whether
the decree is supported by the pleadings and proof. Defendant's tract lies on the west side of a township road which runs
north and south. Plaintiff Midgley owns a 40-acre tract immediately west of defendant's property. It consists principally
of timber land and a swamp or lake used for hunting and fishing purposes. It is improved with a one-room house, which a tenant
has occupied as a residence for 37 years. The roadway involved here is about a quarter of a mile in length. It starts at the
township road and extends west across the south edge of defendant's tract of land into Midgley's property. It also provides
access to a cemetery located south of Midgley's land. It consists of a dirt road which has been repaired from time to time
with rock and cinders. On October 11, 1954, defendant obstructed the road by plowing it up and placing brush and rubbish thereon.
He later erected a gate across the place where it joined the township road on the east side of his property.
 "Stevenson v. Meyer" by Supreme Court of Illinois * Book PDF Kindle ePub Free){kind=link}