MILLER v. SMITH

No. 5-86-0345.

157 Ill. App.3d 486 (1987)

510 N.E.2d 427

F. MARK MILLER et al., Plaintiffs-Appellees and Counterdefendants, v. F. HOXIE SMITH et al., Defendants-Appellants and Counterplaintiffs.

Appellate Court of Illinois — Fifth District.

Rehearing denied July 1, 1987.


Attorney(s) appearing for the Case

Edward J. Heller, of Reed, Heller & Mansfield, of Murphysboro, and J. Mark Maclin, of DuQuoin, for appellants.

William F. Meehan, P.C., of Cairo, for appellee Lucius S. Smith III.


Judgment reversed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendants, F. Hoxie Smith and Mary Smith Otto, as co-trustees of the Smith Family Trust (trustees), appeal from the order of the circuit court of Perry County declaring plaintiff, Lucius S. Smith III (Smith III) to be the owner of 101 shares of stock of Call Publishing Company. We reverse.

The controlling question on appeal is who owns the 100 shares of Call Publishing...

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