Malone v. Smith
Case Date: 02/16/2005
Court: 4th District Appellate
Docket No: 4-04-0156 Rel
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NO. 4-04-0156
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
| LAVERNE MALONE; SHARON MALONE; | ) | Appeal from | | WILLIAM C. EDWARDS, as Trustee Under | ) | Circuit Court of | | Declaration of Trust of WILLIAM C. | ) | DeWitt County | | EDWARDS and WILLIAM C. EDWARDS, as | ) | No. 99MR26 | | Trustee Under Declaration of Trust of | ) | | | BERTHA A. EDWARDS, | ) | | | Plaintiffs-Appellees, | ) | | | v. | ) | | | KENNETH SMITH; PATRICIA SMITH; | ) | | | HELEN GILLILAND HUGHES, Trustee of the | ) | | | HELEN GILLILAND HUGHES TRUST; ANN I. | ) | | | GILLILAND; MARGARET GRISSOM; MARION DAY; | ) | | | SHIRLEY DAY; ESTHER CROTCHETT; PAUL DAY; | ) | | | MAURICE DAY; CAROLE SCHOVE; and UNKNOWN | ) | Honorable | | OWNERS, | ) | Stephen H. Peters, | | Defendants-Appellants. | ) | Judge Presiding. |
PRESIDING JUSTICE COOK delivered the opinion of thecourt: This is the latest in a series of cases involving theownership of a right-of-way of the Illinois Central Railroad(ICR), abandoned in the late 1980s. These cases have addressedsection 912 of Title 43 of the United States Code (43 U.S.C. |