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WEIHL v. WAGNER

No. 5-89-0667.

569 N.E.2d 297 (1991)

210 Ill. App.3d 894

155 Ill.Dec. 297

Roy H. WEIHL, Plaintiff-Appellee, v. Theodore WAGNER and James McVey, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

March 25, 1991.

Attorney(s) appearing for the Case

Crowder and Scoggins, Ltd., Columbia (Curtis W. Martin, of counsel), for defendants-appellants.

Otto J. Faulbaum, Strellis, Nester, Faulbaum & Field, Waterloo, for plaintiff-appellee.

Presiding Justice RARICK delivered the opinion of the court:

Defendant, Theodore Wagner, appeals from the judgment entered by the circuit court of Monroe County establishing an easement by prescription over his land.

In the spring of 1956, plaintiff, Roy H. Weihl, started farming as a tenant a 40-acre tract of land in Monroe County. In order to get to the land, Weihl used a field road which passed over a parcel...

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