Worrall v. Wilson
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. T. M. Fee, Judge. Mat 14, 1894, plaintiffs, in writing, leased to one Pierson the right to mine the coal underlying forty acres of land. Pierson took possession under his lease, and conducted mining operations. The lease was for a period of ten years, subject to the conditions stated therein.
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Appeal from Monroe District Court. — Hon. T. M. Fee, Judge. Mat 14, 1894, plaintiffs, in writing, leased to one Pierson the right to mine the coal underlying forty acres of land. Pierson took possession under his lease, and conducted mining operations. The lease was for a period of ten years, subject to the conditions stated therein. One of the provisions of said lease granted to Pierson the use of two acres of the surface of the ground for hoisting the coal to be mined under the lease. Pierson selected this two acres of ground so as to embrace the coal shaft then upon said leased land.…
1Opinion of the CourtKjnne, C. J.
The chief point of contention between the parties is as to whether the defendant, Wilson, abandoned the premises, and surrendered his lease to plaintiffs. The court below found that he did. While the evidence is conflicting, still we think it is abundant to sustain the finding of the district court. Wilson quit prosecuting the work of mining. He afterward said he would do nothing more under the lease. As a clear indication of his abandonment of the lease and intent to surrender the premises, he and the other defendants completely dismantled the mine, moved all of the apparatus which was…
2Cases cited2 opinions
- Martin v. StearnsSupreme Court of Iowa · 1879
- Evans v. McKannaSupreme Court of Iowa · 1893
3Cited by6 opinions
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Price v. BlackSupreme Court of Iowa · 1905
- Cotton v. CommissionerUnited States Board of Tax Appeals · 1932
- Halpin & Co. v. McCuneSupreme Court of Iowa · 1899
- Bradley v. FacklerWashington Supreme Court · 1942
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