McCombs v. Stephenson
Supreme Court of Alabama
Appeal from -Birmingham City Court. Heard before Hon. C. W. Ferguson. Action of ejectment by John T. McCombs against L. L. Stephenson, et al., to recover certain shale or stone. From a judgment for defendant, plaintiffs appeal. The deed construed conveyed to the Henry Ellen Coal Company, for a valuable consideration all the coal ores and other minerals and metals in, under and upon certain lands described therein.
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Appeal from -Birmingham City Court. Heard before Hon. C. W. Ferguson. Action of ejectment by John T. McCombs against L. L. Stephenson, et al., to recover certain shale or stone. From a judgment for defendant, plaintiffs appeal. The deed construed conveyed to the Henry Ellen Coal Company, for a valuable consideration all the coal ores and other minerals and metals in, under and upon certain lands described therein. The latter clause referred to as qualifying the former is as follows. “And all timber, water, and stone upon the same necessary for the development, working and mining of said coal…
1Opinion of the CourtSimpson, J.
This action Avas statutory ejectment, brought by the appellant against the appellee to recover a certain quantity of “shale,” described by the government subdivisions of land Avhich it occupied. The plaintiff had previously conveyed to the defendant’s vendor “all the coal, ores, and other minerals and metals in, under, and upon” the land in question, and “all timber, Avater, and stone upon the same necessary for the devel*112opment, working, and mining of said coal and other minerals, and the preparation of the same for the markets and the removal of same.” It is admitted that “shale” is' a kind…
2Cases cited12 opinions
- Dunham & Shortt v. KirkpatrickSupreme Court of Pennsylvania · 1882
- Murray v. AllredTennessee Supreme Court · 1897
- Hendler v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1904
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Gould v. WomackSupreme Court of Alabama · 1841
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Luse v. BoatmanCourt of Appeals of Texas · 1919
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Lemond Const. Co. v. WheelerSupreme Court of Alabama · 1995
- Abbey v. StateNorth Dakota Supreme Court · 1972
- Hardee v. HardeeSupreme Court of Alabama · 1956
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