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HOFING v. WILLIS

No. 38054.

31 Ill.2d 365 (1964)

201 N.E.2d 852

DELLA S. HOFING et al., Appellants, v. HOWARD WILLIS et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 29, 1964.

Attorney(s) appearing for the Case

C.G. COLBURN, of Virginia, and HOFFMANN AND HOFFMANN, of Springfield (CARL HOFFEE, of counsel,) for appellants.

JEFFERSON LEWIS, of Petersburg, for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This case calls for the construction of two warranty deeds conveying interests in separate tracts of property. Since a freehold is involved and the case was first argued and submitted for decision prior to January 1, 1964, we have retained jurisdiction.

At the outset it is necessary to consider a motion by defendants to dismiss...

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