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SCHWARM v. MEXIA HOLDINGS, L.P.

No. 5-99-0054.

720 N.E.2d 330 (1999)

308 Ill. App.3d 587

241 Ill.Dec. 875

Herschel L. SCHWARM and Robert D. Schwarm, Trustees of the Noble Ervin Schwarm Trust, Plaintiffs-Appellants, v. MEXIA HOLDINGS, L.P., Monarch Resources, L.L.C., and Marathon Oil Company, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

November 5, 1999.

Attorney(s) appearing for the Case

Richard J. Day, Richard J. Day, P.C., St. Elmo, for Appellants.

Robert G. Coble, Coble & Milone, Flora, for Appellees.

Justice CHAPMAN delivered the opinion of the court:

Plaintiffs Herschel and Robert Schwarm are trustees of the Noble Ervin Schwarm trust, which owns a reversionary mineral interest in certain Fayette County real estate. Defendants Mexia Holdings, L.P. (Mexia), and Monarch Resources, L.L.C. (Monarch), purport to own one-half of the mineral interests in said real estate by reason of a mineral deed from Arl Schwarm and Nellie Schwarm, dated October 1938. Defendant Marathon...

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