Legal Opinion

Zeigler v. Brenneman

Illinois Supreme Court

Decided December 15, 1908PublishedCited by 25 opinions

Appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding. This is an appeal by L. A. Brenneman and A. T. McDonald from a decree of the circuit court of Crawford county which cancels and sets aside as clouds upon the title of Edgar D. Zeigler, Ernest Zeigler, Anna Price and Charles A. Rapp, a lease executed to appellants by George Zeigler and Rachel Zeigler, his wife, and the assignments thereof, upon 18.825 acres of gas and oil land located…

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Appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding. This is an appeal by L. A. Brenneman and A. T. McDonald from a decree of the circuit court of Crawford county which cancels and sets aside as clouds upon the title of Edgar D. Zeigler, Ernest Zeigler, Anna Price and Charles A. Rapp, a lease executed to appellants by George Zeigler and Rachel Zeigler, his wife, and the assignments thereof, upon 18.825 acres of gas and oil land located in Crawford county. The decree also enjoins appellants or their agents or servants from in any manner interfering with…

1Opinion of the CourtJustice Scott

George Zeigler and Martha V. Zeigler, his first wife, owned each an undivided one-half of the real estate covered by the oil and gas leases here involved, as tenants in common. Upon the death of the wife, intestate, her title in the land passed to their three children, burdened with the dower right of the husband. At the time of the execution of the Seybert lease George Zeigler was, as he had been for many years, in the sole possession of the real estate, claiming and apparently believing himself to be the holder of the entire title. The heirs of Martha V. seem to have shared his belief as to…

2Cases cited3 opinions

  1. Watford Oil & Gas Co. v. ShipmanIllinois Supreme Court · 1908
  2. Murray v. HavertyIllinois Supreme Court · 1873
  3. Fredrick v. FredrickIllinois Supreme Court · 1906

3Cited by25 opinions

  1. Howard v. ManningSupreme Court of Oklahoma · 1920
  2. Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
  3. Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
  4. Ohio Oil Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1941
  5. Pure Oil Co. v. ByrnesIllinois Supreme Court · 1944

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