Brasfield v. Burnwell Coal Co.
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon. Alfred H. Benners. Bill by W. H. Brasfield as lessor, against the Burn-well Coal Company, as lessees, to enjoin the lessee from using surface rights and privileges claimed by it in conducting its mining operations. From decree denying the relief prayed, complainant appeals.
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Appeal from Walker Chancery Court. Heard before Hon. Alfred H. Benners. Bill by W. H. Brasfield as lessor, against the Burn-well Coal Company, as lessees, to enjoin the lessee from using surface rights and privileges claimed by it in conducting its mining operations. From decree denying the relief prayed, complainant appeals. Defendant has no right under its lease from complainant to use the surface of the lands embraced therein for mining and shipping coal taken from lands embraced in the Bryan lease or any other parties. — Hooper v. Dora Mining Go., 95 Ala. 239; Pioneer Mining & Mfg. Go. v.…
1Opinion of the CourtMayfield, J.
This appeal involves the question of the right of a lessor to enjoin the lessee from using the surface rights and privileges, acquired by virtue of a lease, in mining and marketing coal from lands other than those embraced in the lease.
The appellant, on January 9, 1904, leased certain lands to one Francis, for a period of 20 years, “or until the coal and minerals Avere Avorked out.” Francis shortly thereafter transferred and assigned his interest in the lease and lands to the appellee, the Burnwell Coal Company, Avhick company commenced mining and transporting coal from the lands in…
2Cases cited6 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
- Leavers v. ClearyIllinois Supreme Court · 1874
- Thos. Beck & Sons v. Economy Coal Co.Supreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cesar v. VirginSupreme Court of Alabama · 1921
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Gulf Oil Corporation v. DeeseSupreme Court of Alabama · 1963
- Bagley v. Republic Iron & Steel Co.Supreme Court of Alabama · 1915
- May v. LowerySupreme Court of Alabama · 1925
7 more not listed; retrieve them via the Exa API.