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TANKERSLEY v. PEABODY COAL CO.

Gen. No. 10,462.

45 Ill. App.2d 101 (1964)

195 N.E.2d 402

George A. Tankersley and John Norville, Plaintiffs-Appellees, v. Peabody Coal Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Third District.

January 9, 1964.

Attorney(s) appearing for the Case

Hershey and Bliss, of Taylorville (Robert D. McWard and Don E. Beane, Jr., of counsel), for appellant.

Miley & Meyer, of Taylorville (Sorling, Catron & Hardin, and Thomas L. Cochran, of Springfield, of counsel), for appellees.

ROETH, JUSTICE.

Plaintiffs Tankersley and Norville are owner and tenant, respectively, of 160 acres of land in Christian County, concerning which the ownership of the surface and minerals (coal) had been separated. The defendant mined coal under the premises from 1916 to 1924. It had purchased the remaining coal under the premises from Stonington Coal Co., a separate and wholly unrelated corporation, which mined coal under the premises prior to 1916. Peabody, in buying...

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