Price v. Black
Supreme Court of Iowa
Appeal from Mahaslca District Court.— HoN. A. B. Dewey, Judge. Suit in equity to enjoin defendants from trespassing upon plaintiff’s real estate. Defendants claimed a right to go upon the land in virtue of a mining lease. To this plaintiffs responded by pleading an abandonment of the tenancy. On these issues the case was tried to the court, resulting in a decree dismissing plaintiffs’ petition. Plaintiffs appeal.—
1Opinion of the Court
Deemer, J.'—
In February of the year 1893, plaintiff and her husband, the then owner of certain lands in Mahaska county, leased the same to the Garfield Coal Company; and in May of the year 1902 the coal company sublet the property to one Gibbons, and he, in turn, on September 16, 1902, sublet the same to the defendants, Black & Cook. The lease was of the coal underlying the land, and was to continue until February 18, 1908, unless the coal was sooner mined out. The lessee agreed to operate the mine in a good and workmanlike manner, and to pay as- royalty 8 cents per ton on all lump coal. It…
2Cases cited15 opinions
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Guffy v. HukillWest Virginia Supreme Court · 1890
- Petroleum Co. v. Coal, Coke, & Manufacturing Co.Tennessee Supreme Court · 1890
- Cowan v. Radford Iron Co.Supreme Court of Virginia · 1887
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
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3Cited by9 opinions
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- Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
- Snater v. WaltersSupreme Court of Iowa · 1959
- State ex rel. Bonner v. AndrewsTennessee Supreme Court · 1914
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