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HOBBS v. PINNELL

No. 35365.

17 Ill.2d 535 (1959)

162 N.E.2d 361

JOE HOBBS et al., Appellants, v. EARNEST E. PINNELL et al., Appellees.

Supreme Court of Illinois.

Opinion filed November 18, 1959.

Attorney(s) appearing for the Case

PEDDERSON, MENZIMER & CONDE, and HAROLD STERN, both of Rockford, for appellants.

CRAIG & CRAIG, of Mt. Vernon, (GLENN E. MOORE, of counsel,) for appellee Sohio Petroleum Company, and CHARLES H. THOMPSON, and GEORGE B. LEE, both of Harrisburg, for other appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The basic purpose of this action in the circuit court of Saline County was to set aside certain quitclaim deeds and to quiet title to mineral rights in certain real property in that county. The sheriff's return of service and the uncontroverted affidavit of the attorney for one of the defendants show that Earnest E. Pinnell, one of the named defendants, had died before the action...

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