Failoni v. Chicago & North Western Railway Co.

Chicago and North Western Railway Company, defendant, appeals from a declaratory judgment of the circuit court of Macoupin County which found that title to the mineral rights, except coal, under some 130 acres of Macoupin County land was held in fee simple by the surface owner, Catterina Failoni, the plaintiff. The jurisdiction of this court has been property invoked since a freehold is involved.

The subject real estate consists of two separate parcels, composed of 76 acres and 54 acres, respectively. The larger tract was formerly owned by John Ottersburg and Janna Ottersburg, who in 1903…