CARTER OIL CO. v. DELWORTH

No. 7505.

120 F.2d 589 (1941)

CARTER OIL CO. v. DELWORTH et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 24, 1941.


Attorney(s) appearing for the Case

John B. Harris, of Granite City, Ill., Rudolph J. Kramer, Bruce A. Campbell, and R. E. Costello, all of East St. Louis, Ill., and Erwin F. Vetter and Thomas Bond, both of St. Louis, Mo., for appellants.

Walter Davison, Craig Van Meter, and Fred H. Kelly, all of Mattoon, Ill., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

The single issue presented by this appeal is whether a warranty deed for certain premises in Fayette County, Illinois, from Louis Weaber and wife to Gerald Weaber, conveyed the bed of Big Creek, as plaintiff contends and the District Court held, or whether it reserved the creek, as defendants contend.

The premises involved were formerly owned by George W. Weaber, who died in 1921. In pursuance of a voluntary partition of his estate...

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