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CARTER OIL CO. v. McQUIGG

Nos. 7071, 7073, No. 7150.

112 F.2d 275 (1940)

CARTER OIL CO. v. McQUIGG et al. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 21, 1940.

Attorney(s) appearing for the Case

William M. Acton, of Danville, Ill., and Walter Davison, Craig Van Meter, and Fred H. Kelly, all of Mattoon, Ill. (L. G. Owen, of Tulsa, Okl., of counsel), for Carter Oil Co.

John J. Baker and J. C. Willard, both of Shelbyville, Ill., and Clayton J. Barber, of Springfield, Ill. for McQuigg et al.

Before EVANS, SPARKS, and TREANOR, Circuit Judges.

EVANS, Circuit Judge.

This litigation is traceable to the discovery of oil in an area which included an eighty acre tract of land in Fayette County, Illinois, the title to which in 1919 was in Leander J. Wood and his wife, Emily. The discovery of oil in this vicinity gave to the land a value undreamed of and was provocative of an assiduous, aggressive litigation.

The basis of the controversy is the reservation in a quitclaim deed from the fee owners, Leander...

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