Mathias v. Mathias
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. C. W. Vermillion, Judge. Action at law to reeover double damages for a trespass upon plaintiff’s property in the mining and taking away of coal under lands claimed to be owned by them. The trial court dismissed the petition as to Maggie Mathias, but rendered judgment in favor of the other plaintiffs, arid defendant appeals.
1Opinion of the CourtDeemer, J.
Prior to the year 1904, one Lacinda Mathias owned some land in Van Burén county, Iowa, upon which there was a coal mine, and on October 4th of that year she leased the mine to her son, W. W. Mathias, and one S. A. Dell, under a written lease for the term of five years. Subsequently Mathias acquired the interest of Dell under the lease, and he continued to operate the mine for four years, when he sold the same to the “Smith'Coal Co., or Smith Bros.” These purchasers continued to operate the mine until January 28, 1909, whereupon he again leased the mine to them for another five-year period.
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2Cases cited21 opinions
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
- First National Bank v. AllenSupreme Court of Alabama · 1893
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Chappell v. McKnightIllinois Supreme Court · 1884
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
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3Cited by9 opinions
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- Thordson v. KruseSupreme Court of Iowa · 1915
- FIRST NATIONAL BANK IN ORD v. MorganNebraska Supreme Court · 1961
- Gardner v. KiburzSupreme Court of Iowa · 1918
- Huxford v. Trustees of FundsSupreme Court of Iowa · 1921
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