Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 76 (January Term, 1875)

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Butler, 4 C. E. Greene (19 N. J. Eq.) 294.
Manifestly no remedy in an action at law would be ade- quate in a case like the present. Upon what basis could the damages be estimated for the sickness or discomfort caused by inhaling the unwholesome vapors, drinking the impure water, and endurino; the foul stenches oriffinatinsj from a structure of the description and relative location complained of? And to say that such a nuisance must be suffered to be created and continued until its character sha
...ll be formally determined at law, would seem to be but little better than a mockery of justice to him whose residence is affected by it.
We are of opinion that the case is clearly one in which there is no adequate remedy at law, and where the injury is, in its nature, irreparable.
The decree is affirmed.
Decree affii-med.
William D. Gullett et al.
V.
Chakles E. Lippincott et al.
School lands — right of settler or occupant to enter. The act of 1835, in relation to the sale of school lands belonging to certain fractional town- ships, and which provided that any person or persons living upon any of the lands in Greene county, or having improvements thereon, might enter the same at their appraised value, was not intended to apply only to per- sons living on or having improvements on the same at the passage of the act, but applies to persons living on and having improved the same when it is appraised for sale.


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