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CHICAGO, WILMINGTON & FRANKLIN COAL CO. v. MENHALL

No. 166-D.

42 F.Supp. 81 (1941)

CHICAGO, WILMINGTON & FRANKLIN COAL CO. et al. v. MENHALL et al.

District Court, E. D. Illinois.

December 15, 1941.

Attorney(s) appearing for the Case

Adams, Hawxhurst, Hawley & White, of Chicago, Ill., and Carter Harrison and Roy C. Martin, both of Benton, Ill., for plaintiffs.

Louis Clements and Bookwalter, Carter & Gunn, all of Danville, Ill., and John C. Quilty, of Centralia, Ill., for Shell Oil.

LINDLEY, District Judge.

Plaintiffs sue to enjoin defendants from interfering with their right to drill for oil and gas upon forty acres of land located in Franklin County, Illinois. Their chain of title discloses conveyances of the coal, oil and gas. Defendants, owners of the surface, have attempted to establish title by adverse possession. But there has been a severance of the two estates since 1918. Since that time the owners of the surface have paid the taxes...

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