Barksdale v. Hairston
Supreme Court of Virginia
Appeal from decrees of circuit court of Halifax county, entered October 9, 1883, and November 16, 1883, in the three chancery causes of E. Barksdale, junior and others against J. B. Stovall and others, and Fannie Barksdale, by, &c., against E. Barksdale and others, and Marshall Hairston’s divisees against E. Barksdale, junior, and others. The decrees being adverse to E. Barksdale, junior, and others, they obtained an appeal to this court.
1Opinion of the CourtLacy, J.
The provision in the agreement of the 10th day of November, 1836, between John A. Hairston, Peter Hairston, and *765George Hairston, that the partnership should “have and possess the exclusive use and privilege of digging, hauling off and working any ore now found, or which may. hereafter be found anywhere on the said John A. Hairston’s land,” was the grant of a mere license to the partnership to dig ore on the said premises, not coupled with any estate or interest in the said lands, and did not create any easement on the land. No acts having been done under the license, the same was an executory…
2Cases cited3 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Prince v. CaseSupreme Court of Connecticut · 1835
- Johnson v. CarterMassachusetts Supreme Judicial Court · 1820
3Cited by13 opinions
- Kelly v. Rainelle Coal Co.West Virginia Supreme Court · 1951
- Reynolds v. CookSupreme Court of Virginia · 1887
- Evenson v. WebsterSouth Dakota Supreme Court · 1892
- Church v. Goshen Iron Co.Supreme Court of Virginia · 1911
- De Graffenried v. SavageColorado Court of Appeals · 1897
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