Kennedy Stave & Cooperage Co. v. Sloss Sheffield Steel & Iron Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. I-Ieard before the 1-Ion. John- C. Carmichael. This is a. bill in equity filed by the appellee against the appellant, seeking injunctive relief against the defendant from cutting timber from certain lands situate in Walker county, Alabama, the minerals in which, together with all necessary timber and other easements commonly termed mineral rights, are owned by the complainant, and the surface by another party, under whom ihe…
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Appeal from the Chancery Court of Jefferson. I-Ieard before the 1-Ion. John- C. Carmichael. This is a. bill in equity filed by the appellee against the appellant, seeking injunctive relief against the defendant from cutting timber from certain lands situate in Walker county, Alabama, the minerals in which, together with all necessary timber and other easements commonly termed mineral rights, are owned by the complainant, and the surface by another party, under whom ihe defendant claims the timber on the lands under a contract made subsequently t,o the severance in ownership of the minerals…
1Opinion of the CourtMeCLELLAN, C. J.
The muniments upon which rest complainant’s- rights in. respect, of the timber, the cutting of which by the respondent is sought- to- be enjoined in this case, purport a. grant, bargain, sale and conveyance of the coal, iron ore and oilier1 minerals in certain described lands and also of the timber and water upon the same necessary to the mining and marketing of ihe minerals; the language of the several deeds in this connection being as follows: “the parties-of the first part have granted, bargained and sold, and do hereby grant, bargain, sell and convey to the party of the second part all…
2Cases cited3 opinions
- Fletcher v. LivingstonMassachusetts Supreme Judicial Court · 1891
- Moss v. MeshewCourt of Appeals of Kentucky · 1871
- Pfistner v. BirdMichigan Supreme Court · 1880
3Cited by13 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Dixie Coaches, Inc. v. RamsdenSupreme Court of Alabama · 1939
- M. & I. TIMBER CO. v. Hope Silver-Lead Mines, Inc.Idaho Supreme Court · 1967
- State v. Roden Coal Co.Supreme Court of Alabama · 1916
- H. H. Hitt Lumber Co. v. Cullman Coal & Coke Co.Supreme Court of Alabama · 1917
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