Nye v. Leavell

              1
Rule 23 order filed NO. 5-06-0321
April 2, 2007;
Motion to publish granted IN THE
May 14, 2007.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
GREG NYE, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Crawford County.
)
v. ) No. 05-CH-15
)
EVA LOVENE LEAVELL and STANLEY )
LEAVELL, ))
Defendants-Appellants, ))
and ))
BI-PETRO, INC., and Unknown Owners, ) Honorable
) David M. Correll,
Defendants. ) Judge, presiding.
________________________________________________________________________
JUSTICE SPOMER delivered the opinion of the court:
Defendants Eva Lovene Leavell and Stanley Leavell (the Leavells) appeal an order
of the circuit court of Crawford County granting a summary judgment to the plaintiff, Greg
Nye, on his complaint in chancery for the cancellation of his oil and gas lease with the
Leavells. For the reasons that follow, we reverse and remand for further proceedings not
inconsistent with this order.
The facts necessary to our disposition of this appeal are derived from the materials
presented in support of the plaintiff's motion for a summary judgment, and they are as
follows. On or about March 20, 1981, Charles Stantz, as lessor, executed an oil and gas
lease in favor of Daniel R. Leavell, as lessee, on lands in Crawford County owned by Mr.
Stantz. The plaintiff in this case inherited those lands and is now the lessor. By various
assignments, defendant Eva Lovene Leavell is now the operator of the lease, and defendant