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MURBARGER v. FRANKLIN

No. 35325.

18 Ill.2d 344 (1960)

163 N.E.2d 818

DAVID MURBARGER et al., Appellants, v. JOSEPHINE FRANKLIN et al., Appellees.

Supreme Court of Illinois.

Opinion filed January 22, 1960.

Attorney(s) appearing for the Case

TOLLIVER, BAYLER & RICKELMAN, of Louisville, and CONGER, ELLIOTT, GOEBEL & ELLIOTT, of Carmi, for appellants.

WINELAND & TODD, of Flora, for appellees.

Decree affirmed.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

This is an appeal from a decree of the circuit court of Clay County which adjudicated title to the oil and gas in and under a 31-acre tract of land. A freehold is involved to give us jurisdiction upon direct appeal. Miller v. Ridgley, 2 Ill.2d 223.

On March 17, 1942, David Murbarger was the owner of the land in question and was...

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