Reversed and remanded.
Mr. JUSTICE DAILY delivered the opinion of the court:
Plaintiff, Dell Carroll, brought this suit against Martin H. Caldwell, defendant, in the circuit court of Wayne County, seeking to raise a trust and to acquire an overriding royalty interest with respect to certain oil-and-gas leases. Upon defendant's motion a second amended complaint was dismissed for failure to state a cause of action and, since a freehold is involved, (Evans...
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