From our private database of 14,000+ case briefs...
Wetmore v. Ladies of Loretto, Wheaton
Appellate Court of Illinois
220 N.E. 2d 491 (1966)
Wetmore (plaintiff) owned an eighty-acre tract bound on the east by Hawthorne Lane. In 1946 Wetmore sold ten landlocked acres to The Ladies of Loretto, Wheaton (Loretto) (defendant), a non-profit corporation. Loretto built a mansion, chapel, garden, swimming pool, and other facilities. Wetmore gave Loretto an express easement across his land to access Hawthorne Lane. The easement was over an existing driveway that ran in front of Loretto’s residence. In 1957, Loretto later purchased forty additional acres adjacent to the west of the ten-acre parcel and extending to the western border of the eighty acres. It then constructed a road extending west to Orchard Road, the western boundary. Relations between the parties deteriorated over the years due to heavy use of the easement. In 1962, Loretto began construction on a House of Studies, a single structure which was partly on the ten acres and partly on the forty acres. Wetmore sued to enjoin use of the easement because Loretto had extended the easement to the forty acres and because the activities that took place on the forty acres could not be segregated from those on the ten acres, including those that took place on all of the other structures on the ten acres. Loretto answered that the sale of the forty acres created an implied easement benefitting that tract over the original easement. The trial court found that there was no implied easement, that the activities on the ten and forty acres could not be segregated, and that the express easement was therefore abandoned and extinguished. The court enjoined the use of the express easement until Loretto could ensure that the easement would only be used for activities taking place on the ten acres.
Rule of Law
Holding and Reasoning (Davis, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 199,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.