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MALCHOW v. TIARKS

Gen. No. 69-96.

122 Ill. App.2d 304 (1970)

258 N.E.2d 811

Earl F. Malchow and Bernice E. Malchow, Plaintiffs-Appellants, v. Ernest A. Tiarks, et al., Defendants-Appellees. Ernest A. Tiarks and Enid I. Tiarks, Plaintiffs-Appellees, v. Earl F. Malchow and Bernice E. Malchow, Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied June 9, 1970.

Attorney(s) appearing for the Case

John F. Sloan, of Peoria, for appellants.

Leiter, Newlin, Fraser, Parkhurst & McCord, and Theodore Korb, of Peoria, for appellees.

STOUDER, J.

Plaintiffs, Earl Malchow and Bernice Malchow, brought this action in the Circuit Court of Peoria County against Ernest Tiarks and Enid Tiarks, Defendants, seeking the reformation of two deeds or in the alternative, a conveyance of certain property by the defendants. The parties are the owners of adjoining lots and this controversy arises because the Malchows' house encroaches on the property of the Tiarks. Alternatively, the complaint sought damages against...

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