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JOHN CAREY OIL CO. v. W.C.P. INVESTMENTS

No. 4-86-0522.

159 Ill. App.3d 333 (1987)

511 N.E.2d 727

JOHN CAREY OIL COMPANY, INCORPORATED, Plaintiff-Appellant, v. W.C.P. INVESTMENTS et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied August 28, 1987.

Attorney(s) appearing for the Case

Barber, Segatto, Hoffee, Hines & Edwards, of Springfield (Barry O. Hines and R. Kurt Wilke, of counsel), for appellant.

McDermott, Will & Emery, of Chicago (Steven H. Hoeft and Richard L. Sandler, of counsel), for appellee Enterprise Finance Company.

Immel, Zelle, Ogren, McClain, Germeraad & Costello, of Springfield (Kevin T. McClain and Robert V. Ogren, of counsel), for appellee Farmers and Merchants State Bank of Bushnell.

Reversed and remanded.

JUSTICE KNECHT delivered the opinion of the court:

This case presents the issue of whether a co-owner of an oil leasehold, who is also the sole operator of the leasehold, may assert an oil and gas lien against the fractional working interest of a co-owner of the same leasehold.

On October 15, 1985, John Carey Oil Company, Inc. (Carey), filed a complaint for foreclosure of oil and gas liens against, inter alia, W.C.P. Investments...

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