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PAYNE v. WILLIAMS

No. 80-1.

91 Ill. App.3d 336 (1980)

414 N.E.2d 836

WILLIS JAMES PAYNE et al., Plaintiffs and Counterdefendants-Appellees, v. MILDRED WILLIAMS et al., Defendants and Counterplaintiffs-Appellants. — (LEE GAMBILL, Defendant and Counterdefendant-Appellee.)

Appellate Court of Illinois — Fifth District.

Opinion filed November 26, 1980.

Attorney(s) appearing for the Case

Robert W. Lewis, of Benton, for appellants.

Thomas P. Gulley, of Hart, Hart & Gulley, P.C., of Benton, for appellees.

Reversed and remanded.

Mr. JUSTICE KASSERMAN delivered the opinion of the court:

Plaintiffs filed a suit to quiet title, contending that they are the owners in fee of the mineral estate situated in Franklin County underlying a 40-acre tract of real estate. Defendants' answer raised two affirmative defenses: (1) that the tax deeds supporting plaintiffs' claim were void as a matter of law because the parties interested in the estate at the time of the tax sales...

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