ADKINS v. ADAMS

No. 346-D.

54 F.Supp. 944 (1944)

ADKINS et al. v. ADAMS et al.

District Court, E. D. Illinois.

March 28, 1944.


Attorney(s) appearing for the Case

C. E. Feirich, of Carbondale, Ill., and J. G. VanKeuren and Henry H. Harbour, both of DuQuoin, Ill., for plaintiff E. S. Adkins.

Essington, Beebe & Pratt, of Chicago, Ill., and Williams & Harrison, of Benton, Ill., for plaintiff Old Ben Coal Corporation and City Bank Farmers Trust Co.

J. Max Mitchell, of West Frankfort, Ill., and William G. Eovaldi, of Benton, Ill., for cross-defendants Joe Boner, Sophia Boner, Harrison Boner, Jessie Boner, Ralph Boner, Vera Boner, Isabella Russell and Charles Russell.

Frank E. Trobaugh, of West Frankfort, Ill., and Moses Pulverman, of Benton, Ill., for defendants and cross-complainants Dan Adams, Ross Bartmes, Carri B. Bartmes and Charlie Pollack.


WHAM, District Judge.

Plaintiffs, claiming to be the exclusive owners of the oil and gas rights under the land in question as assignees of a mineral or mining lease (hereafter referred to as "mining lease") given in 1909 by S. M. Boner, then owner of the land, to Wilmington Star Mining Co., a corporation, seek to obtain cancellation, as a cloud upon plaintiffs' title, of an oil and gas lease given by defendant Dan Adams, present owner of the land subject to said mining...

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