Supreme Court of Illinois
33 N.E.2d 226 (Ill. 1941)
Charles Williams owned a large tract of land and conveyed a part of it to Thomas Bacon. The Finns (plaintiffs) eventually acquired title to this conveyed part. Zilphia Jane Williams (Williams) (defendant) inherited the remaining part of Charles Williams’ land. The only means of getting to the nearest highway and market from the Finns’ land was by crossing over Williams’s land or that of a stranger. However, Williams refused to give the Finns permission to cross over her land. The Finns brought this action in Sangamon County Circuit Court seeking a declaratory judgment granting them an easement by necessity over Williams’s land.
Rule of Law
Holding and Reasoning (Wilson, J.)
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