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

Nos. 65932, 65933 cons.

126 Ill.2d 139 (1988)

533 N.E.2d 851

JOHN CAREY OIL COMPANY, INC., Appellees, v. W.C.P. INVESTMENTS et al. (Farmers & Merchants State Bank of Bushnell et al., Appellants).

Supreme Court of Illinois.

Rehearing denied January 30, 1989.


Attorney(s) appearing for the Case

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

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

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


Appellate court affirmed.

JUSTICE RYAN delivered the opinion of the court:

Appellee John Carey Oil Company (Carey) operated several oil and gas leases in which it had an ownership interest with its cotenant, W.C.P. Investments (WCP). On October 15, 1985, Carey filed a complaint in the circuit court of Macon County to foreclose statutory oil and gas liens it had filed against, among other things, WCP's leasehold tenancies. Also joined in the foreclosure complaint...

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