Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.
Supreme Court of Alabama
Appeal from the City Court of Gadsden, in Equity. (Heard before the Hon. John H. Disqtje. The facts of this case are sufficiently stated in the opinion. Taylor, et al. v. Crook, et al., 136 Ala. 354; Marljle City v. Colder,, 110 Ala. 377; Moore v. Lesser, 33 Ala. 237; Coleman v. Camp, 36 Ala. 159; Aslwrst v. McKenzie, 92 Ala. 484.
1Opinion of the CourtSimpson, J.
In this case it appears that, the appellee (complainant) leased a certain iron mine to the appellant (respondent), Etowah Mining Company, “Under which lease said Etowah Company had the right to take, from said mine, iron ore and in which it was agreed that royalty should be paid for all ore- thus- taken;” that subsequently, and during the existence of said lease, said Etowah Company made a general assignment for the benefit of its creditors, by which said lease (with other property) was transferred to said W. M. Nixon as trustee, who was authorized to continue the operation of the mines and…
2Cases cited10 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Taylor v. CrookSupreme Court of Alabama · 1902
- Jones v. DawsonSupreme Court of Alabama · 1851
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
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3Cited by4 opinions
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
- Cramton v. RutledgeSupreme Court of Alabama · 1908
- In re Gallacher Coal Co.District Court, N.D. Alabama · 1913
- Phillips v. CattsSupreme Court of Alabama · 1921