Halpin & Co. v. McCune
Supreme Court of Iowa
Appeal from Dubuque District Gourt. — Hon. J. L. Husted, Judge. Plaintiee firm, holding a mining lease of “mineral lot No. 262,” in Dubuque county, brings this action in equity to restrain defendants from trespassing thereon. It is charged that defendants have unlawfully entered upon said lot, and begun to sink a shaft, and that they threaten to carry away a large quantity of ore belonging to plaintiff.
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Appeal from Dubuque District Gourt. — Hon. J. L. Husted, Judge. Plaintiee firm, holding a mining lease of “mineral lot No. 262,” in Dubuque county, brings this action in equity to restrain defendants from trespassing thereon. It is charged that defendants have unlawfully entered upon said lot, and begun to sink a shaft, and that they threaten to carry away a large quantity of ore belonging to plaintiff. Defendants, among other defenses, justify their entry upon said premises by a claim of right. There was a trial to court, and a decree enjoining defendants from working, mining, digging, or…
1Opinion of the CourtWaterman, J.
The lot in question consists of about - seventy-two acres, and is situated in the lead mining district in Dubuque county. The mineral in these lands is found in crevices, which are known as “ranges.” These ranges run north and south, and also east and west, but the ore is usually found in the east and west ranges. Across the lot in question there was an east and west crevice, known as the “Hancock range.” South of this there was ánother, known as the “Wharton range.” Perhaps this is a sufficient description. It will suffice to an understanding of the evidence to which we shall have occasion…
2Cases cited7 opinions
- Ladd v. OsborneSupreme Court of Iowa · 1890
- Troe v. LarsonSupreme Court of Iowa · 1892
- Tantlinger v. SullivanSupreme Court of Iowa · 1890
- Bolton v. McShaneSupreme Court of Iowa · 1885
- Kipp v. CoenenSupreme Court of Iowa · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Independent School District of Ionia v. DeWildeSupreme Court of Iowa · 1952
- Keil v. WrightSupreme Court of Iowa · 1907
- Dumont v. PeetSupreme Court of Iowa · 1911
- Cantril Telephone Co. v. FisherSupreme Court of Iowa · 1912
2 more not listed; retrieve them via the Exa API.