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SHELL OIL CO. v. MANLEY OIL CORPORATION

No. 7715.

124 F.2d 714 (1941)

SHELL OIL CO., Inc., v. MANLEY OIL CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 23, 1942.

Attorney(s) appearing for the Case

John C. Quilty, of Centralia, Ill., and Fred H. Kelly and Craig Van Meter, both of Mattoon, Ill., for appellant.

Thos. J. Layman and Wm. B. Johnson, both of Benton, Ill., for appellees.

Before EVANS, MAJOR and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The question we are asked to decide on this appeal is whether the conveyance of the "surface only" of a described tract of land subject to coal rights theretofore conveyed, grants also the oil and gas rights under said tract of land, or whether the oil and gas rights remained in the grantor.

Thomas M. McKemie and wife made a deed in 1907 to Walter S. Mooneyham, conveying to him the "surface only" of two acres therein described land in...

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