Fawn Lake Ranch Co. v. Cumbow
Nebraska Supreme Court
Appeal from the district court for Cherry county: William H. Westover, Judge. The plaintiff avers that it is in possession as lessor' of section 16, township 29, range 39, by virtue of certain leases executed by the stale of Nebraska; that defendant trespassed thereupon, and threatens to sink a pipe line and extract mineral from a lake thereupon; that the lease does not expire until 1925. The prayer is- for an injunction to prevent the trespass and the removal of any mineral…
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Appeal from the district court for Cherry county: William H. Westover, Judge. The plaintiff avers that it is in possession as lessor' of section 16, township 29, range 39, by virtue of certain leases executed by the stale of Nebraska; that defendant trespassed thereupon, and threatens to sink a pipe line and extract mineral from a lake thereupon; that the lease does not expire until 1925. The prayer is- for an injunction to prevent the trespass and the removal of any mineral water from the lake. The land is held under three leases which are set forth as exhibits to the petition. Each of the…
1Opinion of the CourtLetton, J.
It was conceded at the argument that the owner of land holds from the center of earth to the sky, and that he may subdivide his estate laterally, conveying the right to the surface only to one individual, and reserving the right to the minerals to himself with power of dis*292posal. It is also conceded that, even -without an express reservation in a conveyance of the surface, the grantor impliedly reserves a right to so much of the surface as is necessary for mining operations, or for the purpose of reducing the subsurface estate to possession. These concessions, which seem to state the settled…
2Cases cited8 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- People ex rel. Carrell v. BellIllinois Supreme Court · 1908
- Porter v. Mack Manufacturing Co.West Virginia Supreme Court · 1909
- Hyatt v. Vincennes National BankSupreme Court of the United States · 1885
- State ex rel. Crounse v. BartleyNebraska Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Federal Land Bank v. MulhernSupreme Court of Louisiana · 1934
- Wheelock v. HeathNebraska Supreme Court · 1978
- Lindburg v. BennettNebraska Supreme Court · 1928
- Coral Production Corp. v. Central Resources, Inc.Nebraska Supreme Court · 2007
- State ex rel. Johnson v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1943
14 more not listed; retrieve them via the Exa API.