Brooks v. Cook
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This was an action brought by the appellees against the appellants, to recover $75.00, the amount of five months royalty alleged to be due upon a lease executed by the plaintiffs to the defendants by which lease the plaintiffs granted to the defendants the rights and privileges to mine all iron ore in and under said designated lands.
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Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This was an action brought by the appellees against the appellants, to recover $75.00, the amount of five months royalty alleged to be due upon a lease executed by the plaintiffs to the defendants by which lease the plaintiffs granted to the defendants the rights and privileges to mine all iron ore in and under said designated lands. The defendants pleaded the general issue,- and also interposed by special pleas the defense that said contract of lease was based upon the supposition indulged in by the par-ties…
1Opinion of the CourtSimpson, J.
This ivas an action brought by the appellees against appellants, to recover $75.00 claimed to be due, under a contract which is set out.
This case was heretofore before this court, and the court then construed the contract in question to be “a grant to the defendant of the right and privilege to mine all iron ore in and under the land designated.” The *504court further said: “We have but to call attention to the recitals of the lease to see that the payment of royalty was based upon the assumption of the parties that ore existed under the land. The grant was of ore in place, and, if the subject…
2Cases cited7 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Lagerfelt v. McKieSupreme Court of Alabama · 1893
- Milliken v. FaulkSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
- Adams v. RiddleSupreme Court of Alabama · 1936
- Saulsberry v. SaulsberryCourt of Appeals of Kentucky · 1915
- Brooks v. Greil Bros.Supreme Court of Alabama · 1912
- White Roofing Company v. WheelerAlabama Court of Appeals · 1957
9 more not listed; retrieve them via the Exa API.