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FAILONI v. CHI. & NORTH WESTERN RY. CO.

No. 38102.

30 Ill.2d 258 (1964)

195 N.E.2d 619

CATTERINA FAILONI, Appellee, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Illinois.

Opinion filed January 22, 1964.

Attorney(s) appearing for the Case

JORDAN JAY HILLMAN and EDWARD WARDEN, of Chicago, and M.E. HEBRON, of Carlinville, for appellant.

PAUL C. VERTICCHIO, of Gillespie, for appellee.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

Chicago and North Western Railway Company, defendant, appeals from a declaratory judgment of the circuit court of Macoupin County which found that title to the mineral rights, except coal, under some 130 acres of Macoupin County land was held in fee simple by the surface owner, Catterina Failoni, the plaintiff. The jurisdiction of this court has been properly invoked since a freehold...

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