Eckhart v. Irons, 114 Ill. 469 (1885)

Sept. 22, 1885 · Illinois Supreme Court

114 Ill. 469

Bernard A. Eckhart et al. v. Agnes F. Irons et al.

Filed at Ottawa September 22, 1885.

Appeal—whether a freehold is involved. A bill in chancery to enjoin an owner of a city lot from erecting a building upon a strip of ground along the front of the lot, reserved in the deed by the grantor as an easement, involves no question of freehold, and no appeal lies directly to this court from the final decree of the circuit court. Such a strip amounts, at most, only to an easement.

Appeal from the Circuit Court of Cook county; the Hon. M. F-. Tuley, Judge, presiding.

This was a bill in chancery, brought by Bernard A. Eckhart and others, against Agnes F. Irons and others, to enjoin her from erecting tenement buildings upon a strip of land along the lot, reserved and set apart as a court-yard, they claiming that such strip is an easement. The court, on the hearing, dismissed the bill, and complainants prosecuted an appeal directly to this court.

Messrs. Holden & Farson, and Messrs. Abbott, Oliver & Showalter, for the appellants.

Mr. H. F. White, for the appellees.

Per Curiam :

This appeal must he dismissed. It comes directly from the circuit court of Goolc county to this court, upon the hypothesis, we presume, that it involves a freehold. This is a misapprehension. Conceding all that appellants claim in respect to the strip of land in question, it amounts to an easement, only, and we have repeatedly held this does not constitute a freehold.

The appeal will he dismissed, with leave to appellants to withdraw the record, abstracts and briefs, if they shall desire to do so.

Appeal dismissed.