Town of Brushy Mound v. McClintock

Citations

• 146 Ill. 643
• 35 N.E. 159

Syllabus

<p>1. Freehold—easement in land. A perpetual easement in lands, or any interest in land in the nature of such easement, when created by grant, or by any proceeding which in law is equivalent to a grant, constitutes a freehold.</p> <p>2. Same—when involved. A freehold is not only involved in an action when the necessary result of the judgment or decree is that one party gains and the other loses a freehold estate, but also when the title is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue.</p> <p>3. Appeal—whether a freehold is involved. An action by a town against one for obstructing an alleged highway, which is claimed by prescription, over the land of the defendant, which claim is disputed, involves a freehold, and an appeal will not lie from the judgment of the circuit court to the Appellate Court.</p>