Hammond v. Winchester
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 6th May, 1886, by Samuel ¡VI.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 6th May, 1886, by Samuel ¡VI. Winchester, against Albert Hammond, and sought to restrain and enjoin the defendant from mining-iron ores on a certain tract of land, or removing the ores which he had already dug; the complainant claiming to be the owner of all the ores and mineral rights in and on the lands, and alleging that the defendant entered without authority, under an agreement or negotiations for a lease with one J. E. Line, who was the son-in-law of the complainant,…
1Opinion of the CourtStone, C. J.
— It may be stated as fact, that, during the whole of the time Hammond was working the mines which are the subject of this suit, and for some years before, Winchester was the sole owner of the minerals in his individual right. All the testimony bearing on this question, aud every attendant circumstance, tend to prove this, while there is not a semblance of testimony which points in the opposite direction. Even Hammond himself is forced to acknowledge this fact, for all the right of possession he claims, he derived from Line, charged by him to have been the agent of Winchester, strengthened by…
2Cases cited3 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Riddle v. BrownSupreme Court of Alabama · 1852
- Boulo v. New Orleans, Mobile & Texas RailroadSupreme Court of Alabama · 1876
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