Dees v. Cheuvronts
Illinois Supreme Court
Appeal from the Circuit Court of Crawford county; the Hon. E/ E. Newlin, Judge, presiding. This was a bill for injunction filed to the March term, 1908, of the circuit court of Crawford county by appellees, to restrain the appellants, their agents, servants, employees, successors and assigns, from drilling for oil or gas on one acre of land situated in the south-west corner of the southeast quarter of the south-west quarter of section 21, township 7, north, range 13, west,…
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Appeal from the Circuit Court of Crawford county; the Hon. E/ E. Newlin, Judge, presiding. This was a bill for injunction filed to the March term, 1908, of the circuit court of Crawford county by appellees, to restrain the appellants, their agents, servants, employees, successors and assigns, from drilling for oil or gas on one acre of land situated in the south-west corner of the southeast quarter of the south-west quarter of section 21, township 7, north, range 13, west, in said county. The bill as finally amended was demurred to by appellants, and on a hearing before the court the demurrer…
1Opinion of the CourtJustice Carter
The first question presented for consideration is the nature of the interest that appellees have in this land. The deeds in question created in the grantees a'base or determinable fee, and the only right left in the grantor was not a vested future estate in fee, but only, what is called “a naked possibility of reverter, which is incapable of alienation or devise, although it descends to his heirs.” (North v. Graham, 235 Ill. 178; Presbyterian Church v. Venable, 159 id. 215; O’Donnell v. Robson, 239 id. 634.) Under these decisions it must be held to be the settled law of this State that the…
2Cases cited3 opinions
- North v. GrahamIllinois Supreme Court · 1908
- Fifer v. AllenIllinois Supreme Court · 1907
- Gannon v. PetersonIllinois Supreme Court · 1901
3Cited by11 opinions
- Davis v. SkipperTexas Supreme Court · 1935
- Williams v. McKenzieCourt of Appeals of Kentucky · 1924
- United States v. Illinois Cent. R. Co.District Court, E.D. Illinois · 1949
- Mahrenholz v. County Board of School TrusteesAppellate Court of Illinois · 1981
- Skipper v. DavisCourt of Appeals of Texas · 1932
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