Upton v. Brazier
Supreme Court of Iowa
Appeal from Dubuque District Court. Equity: Mining privileges — nature and extent ' OE. The defendant, Eiffes, being the owner of certain land, about one hundred and sixty acres, in Dubuque county, in August, 1860, gave' to Nicholas Tarter, Charles Linden, and E. J. Cramer, a parol license to mine for lead ore; they paying for the privilege, one-fifth part of all mineral raised.
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Appeal from Dubuque District Court. Equity: Mining privileges — nature and extent ' OE. The defendant, Eiffes, being the owner of certain land, about one hundred and sixty acres, in Dubuque county, in August, 1860, gave' to Nicholas Tarter, Charles Linden, and E. J. Cramer, a parol license to mine for lead ore; they paying for the privilege, one-fifth part of all mineral raised. The extent of this privilege is one of the principal matters in dispute, and the controversy in this respect will be further referred to in the opinion. The plaintiffs, Upton and Swivel, claim to be the assignees of…
1Opinion of the CourtDillon, J.
The first question which is presented, is as to the extent of the grant or privilege which Eiffes gave to the original licensees (Tarter, Linden and Cramer), of whom the plaintiffs claim to he assignees. This license is conceded to have been by parol. The plaintiffs contend that it was an exclusive privilege, for an indefinite time, to mine on all of Eiffes’ land, except so much as he and his hired man should be mining on. On the contrary, defendants contend that the original licensees were to have, not the right to mine all the land, but only upon a certain east and west range, called the…
2Cited by3 opinions
- Ruthven v. Farmers Co-operative Creamery Co.Supreme Court of Iowa · 1908
- Hosford v. MetcalfSupreme Court of Iowa · 1901
- Halpin & Co. v. McCuneSupreme Court of Iowa · 1899