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KURZ v. BLUME

No. 31715.

407 Ill. 383 (1950)

95 N.E.2d 338

FRANK W. KURZ, Appellee, v. AUGUST W. BLUME, JR., Appellant.

Supreme Court of Illinois.

Opinion filed November 27, 1950.

Attorney(s) appearing for the Case

SCHMIEDESKAMP & NEU, of Quincy, (JOHN T. ROBERTSON, of counsel,) for appellant.

CHARLES E. BINKERT, of Quincy, for appellee.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

This is an appeal from a decree of the circuit court of Adams County which held a right-of-way easement abandoned and extinguished, confirmed title thereto in appellee, who is the owner of the servient estate, and enjoined appellant, the owner of the dominant estate, from using the right of way or claiming any right therein.

The record shows that in 1867, one Amos Green owned...

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