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MILLER v. SCHMITZ

No. 79-414.

80 Ill. App.3d 911 (1980)

400 N.E.2d 488

MARGARET A. MILLER, Plaintiff-Appellee, v. CELESTINE SCHMITZ, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 21, 1980.

Attorney(s) appearing for the Case

John W. Fribley, of Fribley & Proffitt, of Pana, for appellant.

Franklin E. Dove, of Dove and Dove, of Shelbyville, for appellee.

Judgment affirmed.

Mr. JUSTICE KARNS delivered the opinion of the court:

Defendant Celestine Schmitz appeals from the judgment of the Circuit Court of Shelby County granting an easement across his property to Margaret Miller, the plaintiff, and enjoining him from interfering with plaintiff's use of the easement.

Plaintiff and defendant own adjoining farmland in Shelby County. Defendant's land lies to the east of plaintiff's and is bordered on the east...

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