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VANDENBARK v. BUSIEK

No. 7739.

126 F.2d 893 (1942)

VANDENBARK et al. v. BUSIEK et al.

Circuit Court of Appeals, Seventh Circuit.

April 3, 1942.

Attorney(s) appearing for the Case

J. Ivan Cole, of Mt. Vernon, Ill., for appellants.

Wm. Acton, of Danville, Ill., Walter Davison, of Mattoon, Ill., Elmer J. Lundy and Lewis M. Poe, Jr., both of Tulsa, Okl., and Kenneth E. Pearce and J. C. Kern, both of Carmi, Ill., for appellees.

Before EVANS, SPARKS and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

This appeal requires the construction of two instruments, one a deed containing a reservation, and the other a stipulation, executed a month after the first for the purpose of clarifying the reservation. Many conveyances are involved in the proceeding to support the rights claimed in the bill to quiet title and the cross complaint for similar relief, but the ultimate decision of the appeal must rest upon our construction of the deed as affected...

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