Gen. No. 10,937.

96 Ill. App.2d 425 (1968)

239 N.E.2d 281

Eugene L. Schreier and Ruby R. Schreier, Plaintiffs-Counterdefendants-Appellants, v. Chicago and Northwestern Railway Company, a Wisconsin Corporation, Superior Coal Company, a Corporation, Ferdinand C. Meyer and Emma L. Meyer, His Wife, Herman Meyer and Mary Meyer, His Wife, Frances Lancaster and J.T. Lancaster, Her Husband, Lela H. Whitfield, and William Whitfield, Her Husband, John E. Weidner and Vida G. Weidner, His Wife, Charles Niebrand and Amanda F. Niebrand, His Wife, and Unknown Heirs, Legatees and Devisees of B.L. Dorsey or Any Persons Who Have an Interest Who Are Deceased and "Unknown Owners," Defendants, Chicago and Northwestern Railway Company, a Wisconsin Corporation, Defendant-Counterplaintiff-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied August 27, 1968.

Attorney(s) appearing for the Case

McGrady and Madden, of Gillespie, for appellants.

Denby & Dobbs, of Carlinville (Stuart Dobbs, of counsel), Gillespie, Burke & Gillespie, of Springfield, and Edward Warden, of Chicago, for appellee.


This is a suit brought by Eugene L. Schreier and Ruby R. Schreier, plaintiffs, against Chicago & Northwestern Railway Co. and Superior Coal Co., defendants, seeking to quiet plaintiffs' title to the oil and gas under certain real estate owned by the plaintiffs, and to declare the defendants to have no right or title to such oil and gas under said premises, and seeking an injuction against the defendant railroad and its successors and assigns from asserting...

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