Maxwell v. . Todd
Supreme Court of North Carolina
Civil actiox, tried at Spring Term, 1892 of Caldwell Superior Court, before Graves, J. Both parties claimed under the Graggs.
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Civil actiox, tried at Spring Term, 1892 of Caldwell Superior Court, before Graves, J. Both parties claimed under the Graggs. The leases introduced by plaintiffs and under which they claimed are as follows: Lease from Gragg to Maxwell & Stewart. — “This indenture, made this the 19th day of December, 1879, between Madison Gragg and Caroline Gragg, his wife, and Elizabeth Gragg, his mother, of the county of Caldwell and State of North Carolina, of the first part, and A. L. Maxwell and John W. Stewart, of the county of Knox and State of Tennessee, of the second part, “ Witnesseth, that for and…
1Opinion of the Court
Boiiwkll, J.:
The plaintiffs claim the exclusive right to all mines and minerals in the land described in the complaint under and by virtue of a mining lease made to them by Elizabeth Gragg and others on the 19th day of December, 1879, for the term of ninety-nine years, and also under and by virtue of a mining lease made by said Elizabeth Gragg and another to one Haigler, dated March 24, 1866, for the period of twenty-five years, the latter lease having-been, as they claim, assigned to them in effect with the assent and concurrence of the lessors.
The defendants claim all the mines and minerals…
2Cases cited1 opinion
- Conrad v. . MoreheadSupreme Court of North Carolina · 1883
3Cited by20 opinions
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
- Acme Oil and Mining Co. v. WilliamsCalifornia Supreme Court · 1903
- Hall v. AugurCalifornia Court of Appeal · 1927
- Mills v. HartzSupreme Court of Kansas · 1908
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