In re the Assignment of Mahaska Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. On the third day of December, 1890, the Mahaska Coal Company made to M. B. Foster a lease of its “coal lands, rights, and licenses for mining, mining machinery, apparatus, buildings, and all its mining property,” as described- in the lease.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. On the third day of December, 1890, the Mahaska Coal Company made to M. B. Foster a lease of its “coal lands, rights, and licenses for mining, mining machinery, apparatus, buildings, and all its mining property,” as described- in the lease. The lessee was to pay to the Mahaska Coal Company, for the privilege of mining said land’s and other rights under the lease, a royalty of ten cents for each ton- on merchantable lump coal so mined, the amount to be determined in a way specified- in -the lease'. The term of the lease was five…
1Opinion of the CourtGranger, J.
*4601 *459I. Appellant insists that the court erred in making its .deductions from the amount of the purchase price in such a way that the remainder for distribution is too large. Her estimate fixes the balance at two thousand five hundred and forty-nine dollars and eighty-seven cents. The difference arises from different views as to how the five orders, accepted by Mrs. Foster, should be treated. The court seems to have treated them all as without preference, and by. computing the interest on them until April 11,1893, they are made to aggregate ten thousand eight hundred and thirty-nine dollars and…
2Cases cited1 opinion
- Mersereau v. VillariNew York Supreme Court · 1893