Tennessee Oil, Gas & Mineral Co. v. Brown
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to remove a cloud from the title to a tract of mineral land situated in Scott county, Tenn. The land in question is wild mountain land, situated in the Cumberland Mountains, and has little or no value, save for its timber and minerals.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to remove a cloud from the title to a tract of mineral land situated in Scott county, Tenn. The land in question is wild mountain land, situated in the Cumberland Mountains, and has little or no value, save for its timber and minerals. The plaintiffs are in possession and claim title in fee through' conveyance made by one Richard Slaven, under whom the defendants also claim the mineral interest in said lands. The alleged cloud consists in a prior conveyance or agreement of lease or license…
1Opinion of the CourtLurton, Circuit Judge
The contention of the appellant company is that the agreement be*698tween Richard Slaven and Geo. W.' Colbert, set out in the statement of the case, is a deed of conveyance of the minerals in the land and of the timber thereon, which operated to vest a fee in the minerals and timber, subject to defeasance only upon breach of the agreement to pay $10, upon request, annually, after the completion of the railroad referred to. This construction is based upon the insistence that the terms' “bargain, sell, and convey,” found in the first clause of the instrument, necessarily characterize it as a…
2Cases cited11 opinions
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Knight v. Indiana Coal & Iron Co.Indiana Supreme Court · 1874
- Allegheny Oil Co. v. SnyderCourt of Appeals for the Sixth Circuit · 1900
- Guffy v. HukillWest Virginia Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- State v. EvansSupreme Court of Minnesota · 1906
- Carper v. United Fuel Gas Co.West Virginia Supreme Court · 1916
- Fox Petroleum Co. v. BookerSupreme Court of Oklahoma · 1926
19 more not listed; retrieve them via the Exa API.