Eckhart v. Irons

Illinois Supreme Court September 22, 1885

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

6 N.E. 15

Opinion of the Court

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.

Reference

Full Case Name: Bernard A. Eckhart v. Agnes F. Irons
Cited By: 2 cases
Status: Published
Syllabus: 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.