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GELFIUS v. CHAPMAN

No. 83-190.

118 Ill. App.3d 290 (1983)

454 N.E.2d 1047

FLOYD E. GELFIUS et al., Trustees under Trust Agreement dated May 14, 1976, et al., Plaintiffs-Appellants, v. KENNETH CHAPMAN et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed September 12, 1983.

Attorney(s) appearing for the Case

Howard & Howard, of Mt. Vernon (G.W. Howard III, of counsel), for appellants.

Eric L. Terlizzi, of Pfaff, Garner & Terlizzi, of Salem, for appellees.

Judgment reversed.

JUSTICE KARNS delivered the opinion of the court:

The plaintiffs, Floyd E. Gelfius and Laura M. Gelfius, appeal from the judgment of the circuit court of Hamilton County denying their title to all the coal and coal rights underlying an 80-acre tract. The trial court found that the defendants Kenneth Chapman and Pauline Chapman had effectively reserved a one-fourth interest in all minerals in their conveyance of November 6, 1951, to Mark...

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