Carroll v. Caldwell

Plaintiff, Dell Carroll, brought this suit against Martin H. Caldwell, defendant, in the circuit court of Wayne County, seeking to raise a trust and to acquire an overriding royalty interest with respect to certain oil-and-gas leases. Upon defendant’s motion a second amended complaint was dismissed for failure to state a cause of action and, since a freehold is involved, (Evans v. Pure Oil Co. 369 Ill. 416,) plaintiff has appealed directly to this court for review.

The allegations of the contested complaint are substantially as follows: Paul J. Hawkins and others owned two adjoining parcels of…