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eBook details

• Title: Beloit Foundry Co. v. Ryan
• Author : Supreme Court of Illinois
• Release Date : January 27, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Plaintiff, Beloit Foundry Company, filed suit in the circuit court of Winnebago County to enjoin Helen Ryan and Alan Ryan, her husband, from obstructing an alleged right-of-way easement running easterly and westerly across lot 40, county clerk's plat of a part of South Beloit, Illinois. The defendants denied the existence of any such easement and counterclaimed for damages resulting from the plaintiff's removal of certain buildings and fences from the alleged right of way. By leave of court, Joseph Johnson, who also owned land fronting on the alleged easement, was allowed to intervene as a petitioner in requesting injunctive relief. After hearing the evidence adduced by the parties, the lower court found that an easement appurtenant to all premises abutting thereon did exist, enjoined the defendants from interfering with its use and denied defendants relief under their counterclaim. A freehold being involved, defendants have appealed directly to this court. Kling v. Ghilarducci, 3 Ill.2d 454. As originally platted, lot 40 was quadrangular in shape, being bounded on the easterly side by lot 41 of the same subdivision, on the south by what is now Gardner Street, and on the west by the right of way of the Rockford, Beloit & Janesville Railway Co. The easterly boundary measured 800.29 feet in length, the southerly boundary 564.57 feet, the westerly boundary 570.16 feet, and the northerly boundary 647.8 feet. The railroad property was 33 feet in width along the entire westerly side of lot 40 and the railroad land was itself bounded on the west by what is now Blackhawk Boulevard. Prior to January 8, 1925, all of lot 40 was owned by Joseph A. Janvrin, but on that date he conveyed the north 200 feet thereof to T.B. Goodall, who was the father of the defendant, Helen Ryan. Among other things this deed provided: ""It is also mutually agreed between the parties hereto that a private alley is hereby created thirty feet wide, 15 feet of same in equal width being off the south side of the premises hereinbefore described, and 15 feet thereof being off the north side of the premises of * * * Joseph A. Janvrin immediately south of the premises hereinbefore described. The said alley shall be used perpetually for the usual purposes of a right-of-way by the parties hereto and their respective heirs, personal representatives and assigns.""

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