Sobey v. Thomas
Wisconsin Supreme Court
APPEAL from tRe Circuit Court for Iowa County. Action to restrain defendants from digging and mining on premises described in tire complaint.
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APPEAL from tRe Circuit Court for Iowa County. Action to restrain defendants from digging and mining on premises described in tire complaint. The complaint alleged, in substance, that N. W. Dean was the owner of a certain quarter-quarter section of land, on which there was a valuable range of lead and zinc ores, known as the "Watkins range; that Dean, by his agent Reese, had granted to the assignors of the plaintiffs an oral lease “ to mine and dig for lead and zinc ore, according to mining usages, upon any and every part of so much of the said quarter-quarter section as lies north of a line…
1Opinion of the CourtCole, J.
Tbe material question in this ease is: What rights and privileges were embraced in the verbal lease which was made by Reese, the agent of Dean, with the assignors of the plaintiffs? It was alleged in the complaint, and testimony was offered in support of the averment, that the lease gave the plaintiffs the right to mine not only upon what was known as the Watkins range or works, but also upon any and every part of the forty-acre tract north np to Evan Williams’ land. "But this claim was distinctly negatived by the verdict of the jury and the finding of the circuit court; and we are entirely…
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- Shekey v. EldredgeWisconsin Supreme Court · 1888
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