McConnell v. Pierce
Illinois Supreme Court
Writ of Error to the Circuit Court of Pope county; the Hou. W. H. Duncan, Judge, presiding. This is a bill for partition, filed in the circuit court of Pope county on April 2, 1903, by the defendant in error, Henry B. Pierce,- against the plaintiff in error, Niven McConnell, and one Prank Staubitz, asking for the partition of the minerals on,'in and under the lands therein described.
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Writ of Error to the Circuit Court of Pope county; the Hou. W. H. Duncan, Judge, presiding. This is a bill for partition, filed in the circuit court of Pope county on April 2, 1903, by the defendant in error, Henry B. Pierce,- against the plaintiff in error, Niven McConnell, and one Prank Staubitz, asking for the partition of the minerals on,'in and under the lands therein described. The defendant Staubitz filed no answer, and default and decree pro confesso were entered against him. The plaintiff in error, McConnell, filed an answer, denying the material averments of the bill, and setting up…
1Opinion of the CourtJustice Macruder
It will be noticed that the lease, executed by Hosea Potts to P. H. Haley, and which was subsequently assigned to the plaintiff in error, Nevin McConnell, granted bargained, sold and conveyed unto Haley, his. successors or assigns, all the coal, iron ore, clay, oil, stone, gas, and all other minerals, for the space of fifty years from the date of the lease, to-wit, December 29, 1899, and contained the following provision: “If no developments are made within three years from this date, this lease is void.” The period of three years ended on December 29, 1902. The lease was assigned by Haley to…
2Cases cited5 opinions
- Manning v. FrazierIllinois Supreme Court · 1880
- Ames v. AmesIllinois Supreme Court · 1896
- Watson v. FletcherIllinois Supreme Court · 1869
- Ruddell v. WrenIllinois Supreme Court · 1904
- Glos v. KempIllinois Supreme Court · 1901
3Cited by21 opinions
- Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
- Henderson v. ChesleyCourt of Appeals of Texas · 1925
- Payne v. NeuvalCalifornia Supreme Court · 1908
- Ball v. ClarkCourt of Appeals of Kentucky · 1912
- Pickens v. AdamsIllinois Supreme Court · 1955
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