Beatty v. Gregory
Supreme Court of Iowa
Appeal from Dubuque District Court. Bjectmekt — Mining Bights — Nature and extent of Licenses — when revocable, when not — Custom of MINERS, &c. It will be necessary carefully to state this case, in order to understand the questions presented.
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Appeal from Dubuque District Court. Bjectmekt — Mining Bights — Nature and extent of Licenses — when revocable, when not — Custom of MINERS, &c. It will be necessary carefully to state this case, in order to understand the questions presented. The action was brought under chapter 144 of the Revision, to recover the immediate possession of, and the hereinafter described interest in, the following real estate, viz.: “The mineral diggings, shaft, crevice, drift and range thereto belonging, known as the Brugh crevice or diggings, and situate in the S. E. J of sec. 83, T. 89, R. 2,” &c. Plaintiffs…
1Opinion of the CourtDilloN, J.
1. Mining license: ejectment. I. Chapter 144 of the Revision provides, that “ any person havingamlicisubsisting interestm real property, and a right to the immediate possession thereof, may recover the same by action.” § 3569. Assuming, for the present, that the plaintiffs’ rights, as the parol licensees of Bonson, the owner, had never been forfeited or terminated, the first question is, can they assert those rights in this form of action ? Let us suppose a simple and uncomplicated case, and one which, from the testimony, we infer to be of not unfrequent occurrence: Mr. Bonson, as the owner…
2Cases cited1 opinion
- Wickersham v. OrrSupreme Court of Iowa · 1859
3Cited by24 opinions
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- Metcalf v. HartWyoming Supreme Court · 1891
- Pifer v. BrownWest Virginia Supreme Court · 1897
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