NANCE v. DONK BROS. COAL & COKE CO.

No. 34491.

13 Ill.2d 399 (1958)

151 N.E.2d 97

KATE B. NANCE et al., Appellants, v. DONK BROTHERS COAL & COKE COMPANY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied April 21, 1958.


Attorney(s) appearing for the Case

L.C. COMBE, of Greenville, for appellants.

WALKER & WILLIAM, of East St. Louis, for appellees.

A. LEONARD ANDERSON, of Effingham, HOWARD L. BROCKMAN and DONOVAN D. McCARTY, both of Olney, CRAIG & CRAIG, of Mt. Vernon, TOM E. GRACE and JOHN D. KNODELL, JR., both of Mattoon, A.K. RANDOLPH, of Chicago, and WHAM & WHAM, of Centralia, for Illinois Oil and Gas Association, amicus curiae.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This case involves the legal sufficiency of a complaint which seeks the construction or reformation of two deeds to adjoining tracts of land in Bond County. The basic question is whether or not the deeds conveyed the underlying oil and gas and the right of access to it through the surface of the land. The circuit court dismissed the complaint on the ground that it did not state...

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