CHICAGO, WILMINGTON & FRANKLIN COAL CO. v. FORD

Nos. 8091, 8092.

133 F.2d 610 (1943)

CHICAGO, WILMINGTON & FRANKLIN COAL CO. et al. v. FORD. SAME v. JILEK et al.

Circuit Court of Appeals, Seventh Circuit.

Petition for Rehearing Withdrawn March 22, 1943.


Attorney(s) appearing for the Case

E. M. Runyard and Wm. R. Behanna, both of Waukegan, Ill. (John L. Gleason, of Benton, Ill., and W. L. Cunningham, of Arkansas City, Kan., of counsel), for appellant.

Thurlow G. Essington and Hamilton K. Beebe, both of Chicago, Ill., Roy C. Martin and Carter Harrison, both of Benton, Ill., for appellee Chicago, W. & F. Coal Co.

Charles E. Feirich and John K. Feirich, both of Carbondale, Ill., and Henry H. Harbour, of Du Quoin, Ill., and J. G. Van Keuren, both of Du Quoin, Ill., for appellee Adkins.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

These appeals involve a controversy over the right to produce oil from a forty-acre tract of land in Franklin County, Illinois. The issues are the proper contruction of deeds of conveyance and the determination of the oil interests created.

Chicago, Wilmington & Franklin Coal Company, by mesne conveyances, was vested with all the right, title and interest acquired by the Benton Coal Company, by virtue of a deed dated May 17, 1912...

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