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NOVAK v. SMITH

No. 5-88-0692.

197 Ill. App.3d 390 (1990)

554 N.E.2d 652

ELMER M. NOVAK, Petitioner and Counterrespondent, v. RONALD SMITH, Respondent and Counterpetitioner-Appellant (Dave Dobill, Franklin County Clerk, Respondent-Appellee; Edward A. Bundy et al., Respondents). — RONALD SMITH, Plaintiff and Counterdefendant-Appellant, v. ELMER NOVAK, Defendant and Counterplaintiff-Appellee (Edward A. Bundy et al., Plaintiffs).

Appellate Court of Illinois — Fifth District.

Opinion filed April 19, 1990.

Attorney(s) appearing for the Case

Edwina Warner, of Troutt, Alexander, Quindry, Popit & Warner, of Benton, for appellant.

Eric L. Terlizzi, of Pfaff, Garner & Terlizzi, of Salem, for appellee Elmer Novak.

Order affirmed.

JUSTICE CHAPMAN delivered the opinion of the court:

The subject of this appeal concerns the ownership of the coal underlying the following described tract:

"The Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 28, Township 7 South, Range 4 East of the Third Principal Meridian, in Franklin County, Illinois."

In October of 1956, Elmer Novak received a certificate of purchase for the mineral estate underlying...

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